[Adopted 9-9-2013]
A. 
The Council of the City of Sunbury finds that open burning and burning of combustible materials in a residential setting may pose a serious hazard to the public health, safety, general welfare and the quality of life of the residents of Sunbury. The public has a right to and should be ensured of an environment free from noxious fumes and the threat of fire. It is the policy of the City of Sunbury to prevent the danger of fire from open burning which is a detriment to the public health, comfort, safety, welfare and quality of life.
B. 
The necessity in the public interest for the provisions, prohibitions and controls hereinafter contained and enacted is declared for the purpose of securing and promoting the public health, comfort, safety and general welfare and quality of life of the residents of the City of Sunbury.
For the purpose of this section, the following definitions shall apply:
CHIMINEA, OUTDOOR FIREPLACE, OUTDOOR FIREPIT
As defined by the manufacturers, approved containers for open burning. An approved outdoor fireplace includes those commercially manufactured devices specifically designed, intended and advertised for the purpose of recreational fires, such as chimineas, outdoor fireplaces and those areas specifically designed by a landscape professional and built within the confines of a deck that are constructed of stone, concrete blocks or other noncombustible materials.
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves, needles, vines or brush.
NUISANCE
Excessive odor, emission, or event that prevents the reasonable use and enjoyment of one's property.
OPEN BURNING
An outdoor fire where wood or any combustible materials are burned for cooking or entertainment. Open burning is allowed, provided the regulations set forth herein are met and are for the purpose of cooking and entertainment.
TREATED LUMBER
Dry wood which has been milled and dried and has been treated or combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint, or other substance.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint or other substance.
A. 
Open burning in approved containers shall be allowed subject to the regulations contained herein. Tenants in rental properties must have landlord's approval prior to any burning for cooking and entertainment purposes.
B. 
Fires shall be limited to a maximum three-foot diameter and two-foot height, and must be contained in a noncombustible chiminea, outdoor fireplace, firepit or other method. No person in the City shall make or assist in making any bonfire in or upon any public street or place within the City without the permission of the Chief of Police and the Fire Chief.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
All openings in the container or firepit must be covered with wire mesh or other screening materials that will prevent the passage of sparks or embers.
D. 
Fires must be kept at least 10 feet from any structure or combustible exterior wall or any combustible material.
E. 
Fires must be constantly attended. A water source or other provisions for extinguishing the fire shall be immediately accessible at all times when there is a fire in the outdoor fireplace.
F. 
No such fire or container used for open burning may be used on any porch, deck, balcony or any other portion of a building; within any room or space; or under any building overhang.
G. 
The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than three inches in diameter, treated lumber, garbage, paper products or anything other than firewood as set forth herein is prohibited.
H. 
All open fires as set forth herein shall be extinguished no later than 11:00 p.m.
I. 
The Police Department, five duly commissioned Fire Chiefs or Code Enforcement Officers may order any open fire, or use of a chiminea, outdoor fireplace or firepit which creates a nuisance, to be extinguished immediately.
J. 
By duly enacted resolution, the City of Sunbury, Northumberland County or Commonwealth of Pennsylvania may, from time to time during periods of drought or other dry conditions, issue a fire warning and prohibit all burning within the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
This section shall be administered by the Police Department, any Fire Chief duly commissioned in the City of Sunbury, and the Code Enforcement Officers.
B. 
Any person who shall violate any provision of this article shall be guilty of a summary offense and, upon conviction, be subject to a fine of not more than $1,000, plus costs of prosecution, or 90 days' imprisonment, or both. Each day a violation exists shall constitute a separate offense.