[Ord. 1990-3, 12/11/1990, Art. I]
This Part shall be known as the "Burnham Borough Open Fire Burning Ordinance."
[Ord. 1990-3, 12/11/1990, Art. II]
This Part is enacted in the interest of the health, safety, cleanliness, comfort and welfare of the residents of the Borough of Burnham, to prevent fires, to regulate the emission of smoke, and to prohibit the disposal of garbage, rubbish, and other municipal waste by means of open fire burning, except as may hereinafter be set forth.
It is hereby also determined that the residents of the Borough of Burnham should have the ability to dispose of leaves, branches, paper, wood and other non-putrescible vegetable matter by means of open fire burning so long as the frequency thereof is limited and the means thereof is regulated, all so as to provide for the health, safety, cleanliness, comfort and welfare of the residents of the Borough.
It is determined that there is a greater need to dispose of that which is permitted to be burned per this Part in the commercial and industrial areas of the Borough. Said areas are specifically those areas which have been zoned "Commercial" or "Industrial" per the Burnham Borough Zoning Ordinance of 1973 [Chapter 27], as amended. The reason for this determination is due to the nature of the activities in said areas and the probable greater accumulation of matter which is permitted to be burned per this Part, as well as the fact that it is determined that there is less likelihood of harm to the health, safety, cleanliness, comfort and welfare of the residents of the Borough than would occur in a residential area of the Borough.
[Ord. 1990-3, 12/11/1990, Art. III]
The following words and phrases when used in this Part shall have, unless the context clearly indicates otherwise, the meanings given to them in this Section:
- Any enclosed device specifically designed for burning any material for the production of heat and, also, including a fireplace for the production of heat situate inside any building or dwelling.
- All animal and vegetable wastes attending or resulting from the handling, dealing, storing, preparation, cooking, and consumption of foods.
- Any device specifically designed for the burning of waste materials or for the burning of any combustible material.
- OPEN FIRE
- Any fire in which any material (the term "material" for purposes of this Part being defined as matter, solid, semi-solid, liquid or semi-liquid) is burned in the open or in a receptacle other than an incinerator or in a furnace.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, or other legal entity.
- The collective term applying to all garbage, rubbish, ashes, discarded paper products, leaves, brush, and grass trimmings from residential, commercial, or institutional premises.
- Miscellaneous waste or rejected matter including, but not limited to, rubber, plastics, furniture, glass, metals, crockery, cans, masonry material, fabric, automotive products and other similar materials.
[Ord. 1990-3, 12/11/1990, Art. IV]
Within the limits of the Borough of Burnham, no "open fire" shall be set or maintained unless there is compliance with the following regulations:
Only leaves, branches, brush, paper, wood and other nonputrescible vegetable matter may be so burned.
No such open fire shall be kindled or maintained within 10 feet of any building or the opening of any building or within 10 feet of any property line or street line.
The burning of any material whatsoever is absolutely prohibited upon any public street, way, or alley.
No such open fire shall be kindled or maintained on Sunday or any legal holiday, and shall only be permitted on Wednesday and Saturday of each week between the hours of 8:00 a.m., prevailing time, and 5:00 p.m., prevailing time.
The burning of large brush piles or other large piles of leaves, branches, brush, and wood ("large piles" for purposes of this Part shall be defined as a pile of such matter, as aforesaid, which is in excess of 10 feet in diameter) shall be permitted only where the Burnham Fire Department is contacted in advance and advised of such plans so that the fire department may be aware of the location of the said land and be able to promptly respond thereto in cases of emergency.
No open fire shall be permitted which results in an excessive amount of fly ash. For purposes of this Part, the term "excessive" as used with the term "fly ash" shall be defined as an immoderate, inordinate or extreme amount of "fly ash" which exceeds the reasonable, usual, proper, and necessary fly ash encountered in an "open fire" of that permitted to be burned per this Part.
All such open fires shall be attended by an adult person, in excess of 18 years of age, until such fire is extinguished or put out or has ceased burning.
The burning by means of an open fire of any matter, solid, semi-solid, liquid or semi-liquid, other than as permitted, as limited and as specified in this Part (including but not limited to whether that matter, solid, semi-solid, liquid or semi-liquid be defined as garbage, vegetable waste, rubbish, refuse or any materials whatsoever which will create nauseous or noxious fumes, smoke, toxic chemicals, or which will cause excessive fly ash), is strictly prohibited.
[Ord. 1990-3, 12/11/1990, Art. V]
For the reasons specified in § 102(3) of this Part, the provisions of § 104(1)(D) of this Part shall not be applicable to "open fire burning," as limited by this Part, in commercial and industrial areas of the Borough, that is those zoned C-1, General Commercial, and I-1, Industrial, per the Burnham Borough Zoning Ordinance of 1973 [Chapter 27].
Charcoal, wood, or gas fires kindled for the purposes of outside barbecues shall be permitted, it being specifically found that such do not adversely affect the health, safety, cleanliness, comfort and welfare of the residents of the Borough.
[Ord. 1990-3, 12/11/1990, Art. VI; as amended by Ord. 1995-2, 3/14/1995]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day on which an offense shall continue shall be deemed a separate offense.
The imposition of the penalty or penalties herein provided shall not preclude the Borough from instituting appropriate actions or proceedings in equity or otherwise as permitted by law to prevent the violation of this Part, to restrain, correct or abate any such violation, or to prevent any act, conduct, business or activity constituting a violation.
[Ord. 1990-3, 12/11/1990, Art. VII]
This Part shall be subject to all applicable Federal and State laws, rules and regulations, including rules and regulations as set forth by the Pennsylvania Department of Environmental Resources, or successor agency.