[HISTORY: Adopted by the Borough Council of the Borough of Tyrone 12-4-2000 by Ord. No. 1176. Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 66.
Fire prevention — See Ch. 95.
Outdoor furnaces — See Ch. 100.
Solid waste — See Ch. 170.
Editor's Note: This ordinance also specifically repealed Ord. Nos. 997 and 1044. Copies of said ordinances are on file in the Borough office.
No person shall cause, suffer, or permit the open burning, as defined herein, of any material in any area within the Borough of Tyrone. The term "open burning" shall mean the burning of any materials 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.
[Amended 8-11-2008 by Ord. No. 1270]
The prohibition on open burning set forth in § 70-1 shall not apply where the open burning operation results from:
Any fire set solely for recreational or ceremonial purposes, provided that the material to be burned is nonrecyclable material, and provided that such burning is in compliance with the regulations set forth in § 70-3, entitled "Regulations for permitted burning"; and
[Added 8-11-2008 by Ord. No. 1270]
Any and all open burning of any material permitted by the exceptions herein set forth shall be accomplished in an approved container such as a concrete enclosure, fire pit and/or chiminea (collectively referred to as "container") and shall comply with the following:
Said container must have a screen of sufficient strength to prevent ash or unburned material from being released from said container during or after burning has occurred.
Said container shall be within reach of an operating water faucet and/or operating garden hose and shall be placed on privately owned property, but in no event shall said container be placed closer than 10 feet from the property line of the person burning.
Said container shall not be placed on or near any combustible material nor on the surface of any public street.
Any and all open permitted burning shall be completely extinguished by 11:00 p.m. Any and all open permitted burning shall be done under the consent and direct supervision of an adult of 18 years of age or older and shall not be done when a strong breeze or wind is active.
Any and all open permitted burning must be carried out in a manner to prevent the emission of noxious or offensive smoke and/or odors.
No open burning shall cause emissions which interfere with the reasonable enjoyment of life or property.
It shall be unlawful for any person to burn those materials which are prohibited under any and all local, commonwealth and/or federal law, including but not limited to the following materials:
Leaves, leaf waste and grass clippings (dried or otherwise).
Clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint (newspaper), plastic and any and all other source-separated recyclable material.
Any substance which interferes with the reasonable enjoyment of life or property or is harmful to human or animal health.
[Added 8-11-2008 by Ord. No. 1270]
For the purpose of this chapter, the following definitions shall apply:
- A fireplace that has a chimney to efficiently fuel fire with fresh air.
- FIRE PIT
- A bowl or three-hundred-sixty-degree open fireplace.
- Any area wherein a fire has been ignited other than a completely enclosed container such as a furnace.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof before any court of law, be subject to a fine or penalty of not less than $50 and not more than $600, plus the costs of prosecution, and, in default of payment thereof, to imprisonment for not more than 30 days in prison. Each day a violation continues shall constitute a separate offense.