[Ord. 964, 4/12/2000, § 7001; as amended by Ord. 1031, 7/8/2009, § 1]
1. 
General Prohibition. No person, corporation, partnership, association, organization, or other group shall burn any materials of any kind in the Borough of Aspinwall, except as authorized by the Borough.
2. 
Authorized Fires. The regulations regarding burning set forth in Subsection 1, above, shall not apply to the use of "small open fires." Small open fires shall be defined as grills, outdoor barbecues, fireplaces or other similar devices which burn charcoal, natural gas or wood for the purposes of noncommercial preparation of food for human consumption; or any other fire from which air contaminants are emitted directly into the air without first passing through a structural chimney. An adult property owner may authorize and allow on his or her property small open fires solely for the purposes of non-commercial preparation of food for human consumption, light, ornament or recreation.
3. 
Permitted Receptacles and Containers. Small open fires authorized under § 7-101, Subsection 2; above, must be contained in a grill, barbecue, fireplace, stone perimeter, non-combustible fire ring, drum, or other similar noncombustible receptacle, container or device or in a fire pit. Fire pits can be no larger than three feet in diameter and no less than 18 inches deep.
4. 
Permitted Locations. Grills, outdoor barbecues or fireplaces used strictly for the purposes of noncommercial preparation of food for human consumption shall be a minimum of eight feet from a house, structure, inhabited area, roadway, utility or property line. Any other authorized fire shall be located a minimum of 15 feet from the nearest house, structure, inhabited area, roadway, utility, property line, trees or other combustible materials.
5. 
Permitted Materials. All authorized fires must use charcoal, natural gas, or other clean burning fuels such as dry and clean logs, twigs, or other wood products. Only smokeless fuels, or small kindling may be used to start a fire. Painted or chemically treated woods, plastics, cardboard boxes, paper, household wastes, or toxic or noxious materials, cloth, leaves, green yard waste or other materials that tend to cause excessive emissions or excessive smoke may not be used to start or maintain an authorized fire.
6. 
Maximum Size. In all cases, the authorized fire must be completely contained within the perimeter of the authorized receptacle. In no case may the combustible material and flame be greater than three feet in diameter or higher than two feet. Also, a fire shall not be burned that creates excessive smoke, excessive odor, or malodorous emissions. Smoke and odors will be considered excessive if they are perceptible beyond the property line of the source of the fire.
7. 
Adult Supervision, Control, and Extinguishment. Only an adult property owner or other adult authorized by the property owner may burn or cause to be burned an authorized fire and must be present at all times to tend to the authorized fire from ignition through extinguishment. In addition, adequate means to control and extinguish the authorized fire must be readily available at all times during the burning of the authorized fire and, suitable covering or means of disposal of ashes must be provided to prevent them from becoming airborne.
8. 
Police Authority. Any police officer or other duly authorized law enforcement officer of the Borough of Aspinwall 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: is emitting excessive smoke, excessive odor or malodorous emissions; contains prohibited materials or is using a prohibited containment device; is in a prohibited location or size; or is emitting sparks or hot ashes that may pose a fire threat to the Borough and its residents.
[Ord. 964, 4/12/2000, § 7002; as amended by Ord. 995, 12/10/2003]
1. 
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus costs, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses.
2. 
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this Part found to have been violated. All fines and penalties for the violation of this Part shall be paid to the Borough Treasurer.
3. 
The Borough may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin, or abate violations of this Part.