As used in this chapter, the following terms shall have the
meanings indicated:
BONFIRE
A fire pile that is more than two feet wide in all directions
and greater than two feet in height, which is used primarily for celebratory
purposes.
OPEN BURNING
The burning of material where products of combustion are
emitted directly into the ambient air without first being surrounded
by a noncombustible barrier and without traveling through a device
designed to limit the escape of ambers and ash. Road flares, smudge
pots, and similar devices associated with safety or occupational uses
are exempted.
All fires on private property in the Borough of Danville shall
comply with the following:
A. Fires shall be located not less than 15 feet from any structure.
B. Fires shall be located not less than 10 feet from any property line.
C. Fires shall be confined to an area that is surrounded by a noncombustible
barrier.
D. Fires shall be fueled only by charcoal, liquid propane, natural gas,
or non-pressure-treated wood.
E. The size of all fires shall be less than two feet wide in all directions
and no greater than two feet in height.
F. No fire shall produce smoke that constitutes a public nuisance or
interferes with others' quiet enjoyment of property.
G. An outdoor water supply or equivalent extinguishing agent shall be
available in the vicinity of the fire throughout the duration of burning.
H. A responsible adult shall be in attendance until the fire is fully
extinguished.
I. The burning of municipal waste, as defined in Chapter
207 of the Code of Ordinances of the Borough of Danville, including pressure-treated wood, animal waste, and/or rubbish, is prohibited.
J. Fires shall not be permitted between the hours of 12:00 midnight
and 7:00 a.m.
K. Fires at commercial campgrounds shall not be built less than eight
feet on center of the fire pile from any vehicle or travel trailer
and must comply with all other provisions listed herein.
Bonfires shall be permitted only on private property in the
Borough of Danville, subject to the following:
A. No later than two weeks before the hosting of a bonfire, the property
owner on whose property the bonfire will take place shall submit an
application for a permit, on a form provided by the Borough of Danville,
to the Police Department of the Borough of Danville, along with a
fee, as set by Borough Council from time to time. The application
shall set forth the following:
(1) The address where the bonfire will take place and the zoning district
in which the property is located.
(2) The name and address of the person who is responsible for the bonfire.
(3) The approximate size of the bonfire and the hours of duration of
the bonfire.
(4) A description of the surface on which the bonfire will take place.
(5) The distance of the bonfire to the nearest property lines.
(6) The proposed means to contain the bonfire.
(7) The manner and means for extinguishing the bonfire, which will be
available during the duration of the bonfire.
B. After internal review by the Chief of Police of the Borough of Danville,
the application shall be reviewed by the Fire Chief of the Danville
Fire Department, who may set additional conditions with regard to
the bonfire, including whether fire apparatus should be present at
the bonfire. A fee in an amount set by Borough Council from time to
time will be charged for the presence of fire apparatus at the bonfire,
which fee shall be made payable to the Danville Fire Department. Thereafter,
written notification shall be issued to the applicant granting or
denying the request.
C. After the issuance of a permit, if a fire ban is issued and in effect
for the Borough of Danville, or if the Fire Chief of the Danville
Fire Department determines that weather conditions on the date that
the bonfire is scheduled present a danger to property or persons,
the permit shall be revoked by the Borough of Danville.
Bonfires are permitted on the property of the Danville Area School District, subject to the provisions of §
94-4 of this chapter and application and issuance of a permit, as provided for herein.
It shall be the duty of the Police Department of the Borough
of Danville to enforce the provisions of this chapter.
Any person violating this chapter shall, upon conviction in
a summary proceeding, be sentenced to pay a fine not in excess of
$1,000, to be paid to the use of the Borough of Danville, together
with costs of prosecution, or to be imprisoned for not more than 10
days, or both. Each day of violation shall constitute a separate offense.
In the event that any provision of this chapter is declared
unconstitutional, unlawful, or unenforceable by a court of competent
jurisdiction, such declaration shall not affect the validity of the
remainder of this chapter or of this chapter as a whole, but such
shall continue in full force and effect as though the unconstitutional,
unlawful, or unenforceable provision had never been a part hereof.