[HISTORY: Adopted by the City Council of the City of Nanticoke 12-19-2012 by Ord. No. 21-2012. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed Ord. No. 13-1991, adopted 3-4-1991, which comprised former Ch. 188, Burning, Outdoor, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- OPEN BURNING
- The burning of any materials wherein smoke, ash or embers are emitted into the air without passing through a stack or chimney. Open burning does not include the legal smoking of tobacco products.
- All putrescible and nonputrescible wastes (except body waste), including but not limited to garbage, dead animals and abandoned automobiles.
No person shall start, kindle, cause, allow or maintain any form of open burning on private or public property, except as specifically authorized by this chapter or except as permitted, in writing, by the City of Nanticoke Fire Chief.
Provided that the burning complies with applicable state and federal statutes, regulations, or other law, including but not limited to the International Fire Code 2009 Edition and any subsequent updates, and that the size of the fire does not exceed two feet high by two feet wide and two feet long, the following types of open burning shall be allowed:
The burning of charcoal, clean untreated wood, and other cooking fuels customarily used in an outdoor grill or traditional food cooking devices.
The burning of clean untreated wood in a commercially manufactured outdoor fire pit, commercially manufactured outdoor fireplace, or other reasonably safe outdoor fire pit or outdoor fireplace, provided that:
The fire is wholly contained within the fire pit or fireplace;
The fire pit or fireplace is covered by a screen to control the emission of ash and embers;
The fire is not within 25 feet of combustible materials;
The fire is not within 10 feet of any adjacent property lines;
The fire is attended at all times.
Burning for bona fide ceremonial or bona fide religious purposes.
Even if the burning would be otherwise allowed under this chapter, no open burning shall occur if, in the discretion of the Nanticoke City Fire Department, said burning constitutes a nuisance by representing a danger to the public safety, health or welfare.
Burning by any government subdivision or government agency for training or other purposes shall not be prohibited by any section of this chapter as long as it is preapproved by the Fire Chief.
No person shall burn refuse or any other similar substance except by the express written approval of the City of Nanticoke Fire Department which will be subject to the exclusive discretion of the Fire Chief.
It shall be unlawful for any person to start, kindle, cause, allow or maintain any form of open burning between the hours of 12:00 midnight and 6:00 a.m. except as specifically authorized, in writing, by the City of Nanticoke Fire Department.
Any person violating any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $500. Each act in violation of any of the provisions hereof shall be deemed a separate offense.
This chapter can be enforced by the Nanticoke Code Enforcement Officer, Fire or Police Department.