This chapter is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of citizens of the Borough of Palmyra by regulating
the air pollution and fire hazards of open burning and outdoor burning.
This chapter applies to all outdoor burning within the Borough
of Palmyra, whether on public or private property.
A. This chapter does not apply to grilling or cooking food using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B. This chapter does not apply to burning for the purpose of generating
heat in a stove, fireplace or other heating device within a building
used for human or animal habitation.
C. This chapter does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
As used in this chapter, the following terms shall have the
meanings indicated:
CLEAN WOOD
Natural wood which has not been painted, varnished, or coated
with a similar material; has not been pressure-treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
CONSTRUCTION AND DECOMPOSITION WASTE
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
FIRE CHIEF
The Chief of the Palmyra Fire Company or other person designated
by the Chief to serve in his place.
OPEN BURNING
Includes, but is not limited to, bonfires, campfires and
recreational fires.
OUTDOOR FIREPLACE
An elevated outdoor fireplace or commercially manufactured
steel or ceramic portable fireplace, including chimneas, and portable
fire pits, or other portable wood-burning device used for outdoor
recreation and/or heating used according to the manufacturers'
directions.
RECREATIONAL BURNING
The burning of seasoned firewood for outdoor recreational
purposes in an enclosure designed specifically for ember and flame
containment. The total fire area shall not exceed three feet in diameter
and two feet in height.
REFUSE
Any waste material except trees, logs, brush, stumps, leaves,
grass clippings, and other vegetative matter.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire suppression costs and any other liability resulting from
damage caused by fire.
The Fire Chief, Fire Marshal, or police officer may inspect
any property for the purpose of ascertaining compliance with the provisions
of this chapter. Said representative is hereby authorized to extinguish
any open burning fire being conducted in violation of any of the provisions
of this chapter.
Any person, firm, association, partnership, corporation, or
governmental entity who violates any of the provisions of this chapter
or fails to comply with a duly authorized order issued pursuant to
this chapter shall be deemed to be subject to prosecution in the Palmyra
Municipal Court and may be subject to a fine not to exceed $1,000
and incarceration not to exceed 30 days, or both.