As used in this chapter, the following
terms shall have the meanings indicated:
BARBEQUE GRILL/PIT
A device designed for and used exclusively for cooking food
by the application of heat from below; typically fueled by gas, charcoal,
or electricity.
COMMERCIALLY PURCHASED PORTABLE OUTDOOR FIREPLACE
A commercially purchased portable outdoor fireplace or fire
ring that may be constructed of steel, concrete, clay or other noncombustible
material. A portable outdoor fireplace may be open in design or may
be equipped with a small hearth opening and a short chimney or chimney
opening at the top.
OPEN BURNING
The burning of 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. Open burning does not include barbeque grills/pits, commercially
purchased portable outdoor fireplaces, permanently constructed fireplaces
with chimneys, or road flares, smudgepots and similar devices associated
with safety or occupational uses typically considered open flames.
PERSON
Any individual and his or her heirs, executors, administrators
or assigns, and any firm, partnership or corporation and its or their
successors or assigns, or the agent of any of the aforesaid, provided
that "person" does not include or apply to the Borough, or to any
department or agency of the Borough.
RECREATIONAL FIRE
A controlled outdoor fire that has a total fuel area of three
feet or less in diameter and two feet or less in height built for
pleasure, religious, ceremonial, entertainment, cooking, warmth, or
similar purposes.
SOLID FUEL
Solid material, including without limitation wood, charcoal,
peat, coal, Hexaminine fuel tablets, or wood pellets, used to create
and/or burned to maintain a fire.
A police officer, Fire Official,
Assistant Fire Official, Building Inspector/Zoning Officer, or other
duly authorized law or code enforcement officer of the Borough of
Franklin Park 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
prohibited materials 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. Where 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;
F. A permit was not lawfully acquired as provided in §
97-2, entitled "open burning permit requirements;" or
G. Notification of burn was not provided as required in §
97-3, entitled "Open burning notification requirements."
Any person, firm or corporation who
shall violate any provision of this chapter or fails to comply therewith
or with any of the requirements thereof, upon conviction thereof in
an action brought before a Magisterial District Judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
less than $100 nor more than $1,000 plus costs, including reasonable
attorney's fees incurred by the Borough, and, in default of payment
of said fine and costs, to a term of imprisonment to the extent permitted
by law for the punishment of summary offenses. A separate offense
shall arise for each day or portion thereof in which a violation of
this chapter is found to exist or for each section of this chapter
found to have been violated. The Borough may also commence appropriate
actions in equity or other to prevent, restrain, correct, enjoin,
or abate violations of this chapter. All fines and penalties collected
for violation of this chapter shall be paid to the Borough Treasurer.
The initial determination of ordinance violation is hereby delegated
to the Borough Manager, the Police Department, the Borough Staff,
the Borough Building Inspector/Zoning Officer, the authorized designee
of the Borough Manager and to any other officer or agent that the
Borough Manager or the Borough Council shall deem appropriate.