[HISTORY: Adopted by the Borough Council
of the Borough of East Petersburg 5-3-2016 by Ord. No. 282[1]. Amendments noted where applicable.]
[Amended 5-1-2018 by Ord.
No. 297]
Whereas the Borough Council of the Borough of East Petersburg
has determined that air pollution from an open fire may be detrimental
to the health, comfort, living conditions, welfare and safety of the
citizens of the Borough of East Petersburg, it is hereby declared
to be the policy of the Borough of East Petersburg to safeguard the
citizens of the Borough from such air pollution.
[Amended 5-1-2018 by Ord.
No. 297]
The following words, terms and phrases, when used in this article,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
The Borough Council of the Borough of East Petersburg.
Any enclosed device specifically designed for the burning
of any material to produce 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.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, department, bureau, agency or other entity
recognized by law as the subject of rights and duties.
Garbage, rubbish and trade waste.
Any business, trade or industry engaged, in whole or in part,
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
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; provided, however, that "trade
waste" shall not include any coal refuse associated with the mining
or preparation of coal.
[Amended 5-1-2018 by Ord.
No. 297]
The Police Department having jurisdiction in the Borough of
East Petersburg shall have the power and duty to enforce the provisions
of this article.
[Amended 5-1-2018 by Ord.
No. 297]
After the effective date of this article, no person shall:
A.
Ignite or feed any open fire for the destruction of refuse or in
the conduct of a salvage operation in any public or private place
outside of any building.
B.
Burn any Act 101 materials as specified in Ordinance No. 232, An
Ordinance Establishing a Recycling Program within East Petersburg
Borough in Accordance with the Lancaster County Solid Waste Management
Plan and the Requirements of Act 101 of the Commonwealth of Pennsylvania.
C.
Permit any recreational or maintenance burning, except as permitted
herein by exception.
[Amended 5-1-2018 by Ord.
No. 297]
A.
Authorization for recreational fires:
(1)
Burning within a manufactured fire pit or chimenea, or constructed
fire pit with an inside diameter of 36 inches and covered with one-half-inch
screens.
(2)
They may not be burned between 12:00 midnight and 8:00 a.m.
(3)
They will be equipped with and contain all safety features as recommended
by the manufacture or as established by resolution of the Borough.
(4)
Attendance. Open burning, bonfires or recreational fires shall be
constantly attended until the fire is extinguished. A minimum of one
portable fire extinguisher or other approved on-site fire extinguishing
equipment, such as dirt, sand, water barrel, garden hose, or water
truck, shall be available for immediate utilization.
(5)
Setback. Recreational fires shall not be conducted within 20 feet
of a structure or combustible material and 10 feet from the property
line of an adjacent owner. Conditions which could cause a fire to
spread within 20 feet of a structure shall be eliminated prior to
ignition.
(6)
No burning of refuse, rubbish, or waste.
(7)
Emissions. No person may be permitted to burn any material in a manner
that:
(a)
The emissions are visible, at any time, at the point such emissions
pass outside the property of the person on whose land the open burning
is being conducted.
(b)
Malodorous air contaminants from the open burning are detectable
outside the property of the person whose land the open burning is
being conducted.
(c)
Emissions interfere with the reasonable enjoyment of life or
property.
(d)
The emissions cause damage to vegetation or property.
(e)
The emissions are or may be deleterious to human or animal health.
(8)
No such burning is allowed on any street or sidewalk within the Borough.
(9)
Such other requirements as may be established by resolution of the
Borough.
B.
The prevention of a fire hazard which cannot be abated by other means.
C.
The protection of public health.
Any person or persons, corporation, partnership or other entity
whatsoever violating any of the provisions of this article shall,
upon conviction, be sentenced to pay a fine not to exceed the maximum
fine of $300, plus costs of prosecution, and, in default of payment
of such costs and prosecution, to be imprisoned for a term not exceeding
30 days; provided, however, that if the Magisterial District Judge
determines that the defendant is without the financial means to pay
the fines and costs immediately or in a single remittance, such defendant
shall be permitted to pay the fines or costs in installments and over
such periods of time as the Magisterial District Judge deems to be
just.
[Amended 5-1-2018 by Ord.
No. 297]
As used in this article, the following terms shall have the
meanings indicated:
Any fire not confined to a noncombustible container or chamber
covered with a screen of one-half inch or smaller mesh or in other
suitable noncombustible container or burning within a manufactured
fire pit, or chimenea, or constructed fire pit with an inside diameter
of 36 inches and one-half-inch mesh screen.
A fire conducted on public or private property in a manufactured
pit or manufactured chimenea of the type approved by resolution of
the Borough.
[Amended 5-1-2018 by Ord.
No. 297]
A.
It shall hereafter be unlawful for any person or persons to set or
maintain an open fire upon any property within the limits of the Borough
of East Petersburg unless the following regulations and restrictions
are adhered to:
(1)
Every such open fire shall be at all times attended by a responsible
person until the fire is completely quenched.
(2)
No such open fire shall be closer than 20 feet to a structure or
combustible material and 10 feet to the property line of an adjacent
owner. Conditions which could cause a fire to spread within 20 feet
of a structure shall be eliminated prior to ignition.
(3)
No such open fire shall be burned between 12:00 midnight and 8:00
a.m.
(4)
No such open fire shall be allowed in any manner or be of such character
as to create or become a menace to the safety or welfare of any person
or property.
B.
Any fire set or maintained out of doors shall be confined to a manufactured
fire pit, or chimenea, and covered with a screen of one-half inch
or smaller mesh and shall be so set and maintained that it shall not
create or become a menace to the safety or welfare of any persons
or property.
[Amended 5-1-2018 by Ord.
No. 297]
Any person or persons, corporation, partnership or other entity
whatsoever violating any of the provisions of this article shall,
upon conviction, be sentenced to pay a fine not to exceed the maximum
fine of $300, plus costs of prosecution, and, in default of payment
of such costs and prosecution, to be imprisoned for a term not exceeding
30 days; provided, however, that if the Magisterial District Judge
determines that the defendant is without the financial means to pay
the fines and costs immediately or in a single remittance, such defendant
shall be permitted to pay the fines or costs in installments and over
such periods of time as the Magisterial District Judge deems to be
just.
