[HISTORY: Adopted by the Borough Council of the Borough of
Tyrone 12-4-2000 by Ord. No. 1176.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 66.
Fire prevention — See Ch. 95.
Outdoor furnaces — See Ch. 100.
Solid waste — See Ch. 170.
[1]
Editor's Note: This ordinance also specifically repealed Ord.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:
[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:
A.
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.
B.
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.
C.
Said container shall not be placed on or near any combustible material
nor on the surface of any public street.
D.
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.
E.
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.
F.
No open burning shall cause emissions which interfere with the reasonable
enjoyment of life or property.
G.
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:
(1)
Leaves, leaf waste and grass clippings (dried or otherwise).
(2)
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.
(3)
Garbage.
(4)
Hazardous waste.
(5)
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.
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.
