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