[HISTORY: Adopted by the Borough Council of the Borough of Zelienople 6-10-2002 by Ord. No. 748 (Ch. 7, Part 1, of the 1995 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Prevention Code — See Ch. 115, Art. II.
Solid waste — See Ch. 225.
As used in this chapter, the following terms shall have the meanings indicated:
CONTAINER BURNING
The burning of any materials within a container of such a nature, character, size and construction to minimize the likelihood of escaping burning material or embers, and wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
RECREATIONAL BURNING/BONFIRE
Whether open or in a container:
A. 
An outdoor fire utilized for ceremonial purpose.
B. 
An outdoor fire used for the recreational purpose of cooking food for human consumption.
C. 
An outdoor fire not more than five feet in diameter and not more than five feet in height and shall not burn longer than three hours.
D. 
An outdoor fire fueled by seasoned dry firewood and ignited with a small quantity of paper.
REFUSE BURNING
The burning of:
A. 
All items included in the Recycling Ordinance (Chapter 225, Article II) of the Borough.
B. 
Forms of plastics, Styrofoam or other materials which create thick, black smoke when burned.
C. 
Building materials, with the exception of scrap wood; however, Wolmanized® scrap wood may not be burned.
D. 
Tires.
E. 
Leaves, with the exception of leaf burning as conducted by the Borough on a periodic basis.
F. 
Petroleum products and other flammable chemicals.
G. 
Garbage/refuse/solid waste created in the daily conduct of a business or by a residence.
H. 
Exclusions. Paper, wood (except Wolmanized® wood) and shrub/tree branches are excluded from the definition of "refuse burning."
A. 
Only recreational burning/bonfires and container burning is permitted within the Borough.
B. 
Burning in traditional charcoal or gas barbecue grills for food preparation is permitted and is excepted from the limitations herein.
C. 
Refuse burning is specifically prohibited.
D. 
Any burning, including recreational burning/bonfires, which in the opinion of the enforcement officer is offensive or objectionable due to smoke or odor emissions and/or when atmospheric conditions or local circumstances make such fires hazardous, may be prohibited.
A. 
Container burning is permitted within the Borough only on Tuesday, Thursday and Saturday, holidays excluded.
B. 
Recreational burning/bonfires are permitted within the Borough on any day.
C. 
Refuse burning is prohibited at all times within the Borough.
D. 
All container fires, specifically excluding recreational burning/bonfires, shall not occur before dawn and must be extinguished so as not to produce any smoke, smoldering fires or glowing embers by one hour before sunset.
The location for burning of any nature, except traditional charcoal and gas grills used for food preparation, shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.
Upon motion by Borough Council of the Borough, all burning may be banned within the Borough as needed and upon the recommendation of the Fire Chief of the Borough.
The fire regulations as adopted herein shall be enforced under the supervision of the Fire Chief of the Borough with enforcement by the Borough's Code Enforcement Officer, the Borough police officers and the Borough Fire Chief.
Any person, firm or corporation or other entity who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Any ongoing violation may be subject to daily penalty for each day which the violation continues. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons or other entities so convicted shall be required to correct or remedy such violations immediately. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.