Borough of Avalon, PA Chapter 139 Burning, Open

[HISTORY: Adopted by the Borough Council of the Borough of Avalon as indicated in article histories. Amendments noted where applicable.]

Article I Recreational Burning

[Adopted 4-17-2007 by Ord. No. 1314]

§ 139-1 Conditions.

A. Recreational burning within the Borough of Avalon is hereby permitted, provided all of the following conditions are met and there is full compliance with all other provisions of this article:

(1) That the fire is at least 10 feet from the nearest building, tree, bush, shrub, high grass, and/or any flammable liquids and/or accelerants;

(2) That the area covered by the fire is no more than four feet by four feet in size;

(3) That the fire is tended to by both the person who obtained the permit and the person who owns or controls the property on which the recreational burning is occurring;

(4) That no liquid and/or other accelerant is used to initiate and/or enhance the fire in any way;

(5) That only wood and/or paper products may be burned. The burning of anything other than wood and/or paper products, including but not limited to refuse/garbage, is strictly prohibited;

(6) That smoke emanating from the fire is not disturbing those persons otherwise not at the site of the fire; and

(7) That a permit, at a cost as set by resolution of the Borough Council, is obtained in advance from Avalon Borough in order to conduct this recreational burning. A person must be at least 18 years of age in order to obtain this permit.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. A failure to meet all of the conditions set forth in § 139-1A will be deemed a violation of this article, subjecting the violator to the penalties set forth in § 139-5 of this article.

§ 139-2 Permit requirements.

The permit required by § 139-1A(7) must be obtained at least 24 hours prior to commencing the recreational burning. The permit provided will only be effective for the date and times specified on the permit, on which date and during which times the burning is to occur. This approved permit must be in the possession of the person who obtained the permit, and this person must be present at the site of the recreational burning. A failure to abide by the provisions of this section will be deemed a violation of this article, subjecting the violator to the penalties set forth in § 139-5 of this article.

§ 139-3 Reservation of rights.

The Borough of Avalon herein reserves the right to deny a permit to any person charged with, though not yet adjudicated for, arson and/or to any person who has been convicted of or plead guilty or no contest to arson. Furthermore, Avalon reserves the right to extinguish any fire not in full compliance with this article, regardless as to whether a permit had been properly obtained and/or issued.

§ 139-4 Persons deemed responsible.

For purposes of this article, the following persons will be deemed jointly or severally responsible and both are required to be present at the recreational burning: the person who owns or controls the property on which the recreational burning takes place and the person who obtained the permit. Both of these persons are responsible for ensuring that either water or a fire extinguisher is readily accessible in order to immediately extinguish the fire, if necessary. A failure to abide by the provisions of this section will be deemed a violation of this article, subjecting the violator to the penalties set forth in § 139-5 of this article.

§ 139-5 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County.