[HISTORY: Adopted by the Borough Council of the Borough of
Derry 2-9-2009 by Ord. No. 727. Amendments noted where applicable.]
This chapter is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Borough of Derry by regulating
the air pollution and fire hazards of open burning and outdoor burning.
This chapter applies to all outdoor burning and open burning
within the Borough of Derry.
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, furnace, 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:
A small outdoor fire intended for recreation or cooking but
not including a fire intended for disposal of waste wood or refuse.
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.
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.
The Chief of the Borough of Derry or other person designated
by the Fire Chief.
A county, township, city, or village.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney. This includes burning in a burn barrel.
A wood-fired boiler, stove or furnace that is not located
within a building intended for habitation by humans or domestic animals.
A chimnea, patio warmer, or other portable wood-burning device
used for outdoor recreation and/or heating.
Any waste material except trees, logs, brush, stumps, leaves,
grass clippings, and other vegetative matter, and includes construction
and demolition waste, hazardous substances, including but not limited
to batteries, household chemicals, pesticides, used oil, gasoline,
paints, varnishes, and solvents, furniture and appliances, and tires,
any plastic materials including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films
and plastic containers, newspaper, corrugated cardboard, container
board, office paper, treated or painted wood including but not limited
to plywood, composite wood products or other wood products that are
painted, varnished or treated with preservatives.
Open burning is prohibited in the Borough of Derry unless the
burning is specifically permitted by this chapter.
Open burning of refuse is strictly prohibited.
[Amended 8-13-2012 by Ord. No. 748]
Open burning of trees, logs, brush, stumps, and leaves is allowed
only in accordance with all of the following provisions:
A.
Except for camp fires, open burning of trees, logs, brush, and stumps
shall only be conducted every Tuesday and Saturday. Burning shall
be permitted on each of those days from dawn to dusk.
[Amended 9-8-2020 by Ord. No. 790]
B.
All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions minimize adverse effects
and do not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all local and state fire protection regulations. Open burning
shall be conducted in conformance with all local and state fire protection
regulations.
C.
Open burning shall be conducted only on the property on which the
materials were generated.
D.
Outdoor campfires and small bonfires for cooking, ceremonies, or
recreation are allowed provided they do not cause a nuisance.
E.
Open burning shall be constantly attended and supervised by a competent
person of at least 18 years of age until the fire is extinguished
and is cold. The person shall have readily available for use such
fire-extinguishing equipment as may be necessary for the total control
of the fire
F.
No materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of a lake, pond, stream or water body.
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 the fire.
The Fire Chief or any authorized officer, agent, employee or
representative of the Borough of Derry who presents credentials may
inspect any property for the purpose of ascertaining compliance with
the provisions of this chapter.
A.
The Fire Chief and Derry Borough Police Department are authorized
to enforce the provisions of this chapter.
B.
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 responsible for a municipal civil infraction
which shall be punishable by civil fine of not more than $1,000, plus
costs of prosecution, and, in default of payment of such fine and
costs, by imprisonment for not more than 30 days.
[Amended 6-13-2011 by Ord. No. 740]
C.
The violator shall pay costs which may include all expenses, direct
and indirect, which the Borough of Derry has incurred in connection
with the municipal infraction. In addition, the Borough shall have
the right to proceed in any court of competent jurisdiction for the
purpose of obtaining an injunction, restraining order, or other appropriate
remedy to compel compliance with this chapter. Each day that a violation
of this chapter exists shall constitute a separate violation of this
chapter.
[Amended 6-13-2011 by Ord. No. 740]
