As used in this chapter, the following terms shall have the
meanings indicated:
FLUE
Any duct, pipe, stack, chimney or conduit which conducts
air contaminants into the open air and which permits the performance
of test methods and procedures specified in Chapter VI of Allegheny
County Health Rules and Regulations, Article XX, Air Pollution Control
(County Ordinance No. 16782), which by reference thereto is incorporated
herein as part of this chapter.
PERSON
Any individual, natural person, syndicate, association, partnership,
firm, corporation, institution, agency, authority, department, bureau
or other instrumentality of federal, state, local or regional government
or other entity recognized by law as the subject of rights and duties.
SMALL OPEN FIRE
The term "small open fire" or "open fire" shall mean the
use of a grill, outdoor barbecue, fireplace or similar device to cook
food with charcoal, natural gas or wood; or any other fire from which
the properties of combustion are emitted directly into the air without
first passing through a structural flue, stack or chimney (except
through a small integral flue, chimney or stack built into a freestanding
grill or residential chiminea-type device of five feet or less in
total height), and being of such maximum size and using only such
materials as authorized hereunder, and otherwise complying with this
chapter, and conducted in such location, conditions and in a manner
which contributes only a negligible amount of air contaminants.
From and after the effective date of this chapter, no person,
corporation, partnership, association, organization or other group
whatsoever (hereinafter collectively referred to as "property owner"
or "person," as applies) shall burn any materials of any kind in the
Borough, except as authorized by this chapter or as authorized pursuant
to a valid permit issued by Allegheny County pursuant to county ordinances
and regulations.
A police officer, Fire Marshal, code official, or other duly
authorized law or code enforcement officer of the Borough of Bellevue
may, upon investigation, order that any fire be immediately extinguished,
abated, diminished, or corrected (in his or her sole discretion) if,
in the officer's sole judgment, the fire:
A. Is emitting excessive smoke, excessive odor, or malodorous emissions;
B. Contains prohibited materials or is using a prohibited or inadequate
containment device or mechanism;
C. Is in a prohibited location or of a prohibited size;
D. Is emitting sparks or hot ashes that may pose a threat to nearby
structures, trees, other combustible materials, or to the safety of
persons or property;
E. Its size, materials, containment, location, emissions, proximity
to structures, trees, other combustible materials, conduct of participants,
weather conditions (including but not limited to wind, drought, dry
or other conditions) or air quality, or other circumstances, are such
that continuation of the fire poses a risk of harm to persons or property.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than the greater of $1,000 or the maximum amount
per offense permitted under law plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each violation of any provision of this chapter shall constitute
a separate offense. In addition, in any civil enforcement action brought
by the Borough to collect unpaid fines or penalties imposed pursuant
to this chapter, the Borough shall also be entitled to collect all
costs, expenses and attorneys' fees associated with such action.
This chapter is intended to repeal and replace in its entirety
Ordinance No. 89-18 (enacted September 5, 1989). In addition, any
other ordinance or part of any ordinance which conflicts with the
terms and provisions of this chapter is hereby repealed insofar as
the same affects this chapter.