[HISTORY: Adopted by the Borough Council
of the Borough of Marietta 9-9-1980 by Ord. No. 80-9 (Ch. 35 of the 1983 Code);
amended in its entirety 8-9-2016 by Ord. No. 06-2016. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Marietta, County of Lancaster, Commonwealth
of Pennsylvania.
The burning of materials wherein products of combustion are
emitted directly into the air without passing through a stack or chimney
from an enclosed chamber, as defined by the International Fire Code
2003, as amended, and its successors. Open fires shall not include
outside barbecues or any fire maintained in a commercially constructed
grill or masonry-constructed grill for the purposes of cooking and
preparing food.
Any individual, partnership, association, cooperation, department,
bureau, agency, or other legal entity.
No person shall ignite, feed, cause, allow, permit, or maintain on any property within the Borough limits any open fire outside of any building for any purpose other than that specifically allowed per § 122-3.
The activities prohibited in this chapter are subject to the
following exceptions:
B.
Open fires or controlled burning shall be permitted for fire-fighting
training by volunteer fire companies that serve the Borough.
C.
Recreational fires. An outdoor fire burning materials other than
rubbish or leaves where the fuel being burned must be contained in
an incinerator, outdoor fireplace, barbecue grill, or barbecue pit
and has a total contained fuel area of three feet or less in diameter
and two feet or less in height for pleasure, religious, ceremonial,
cooking, warmth, or similar purposes.
(1)
Fire of this type must be at least 10 feet from any structure and
clear of any trees or other flammable materials.
(2)
The fire must be attended to and maintained at all times by an adult.
The fire must be fully extinguished when not attended.
(3)
A water source (working hose) or some other means to control the
fire must be present and functional.
(4)
Smoke from a fire of this type generating a complaint to the Borough
is prohibited and will need to be extinguished at the direction of
the Fire Chief, the Borough Zoning Officer, a police officer or other
designated Borough official.
The Fire Chief, the Borough Zoning Officer, and police officers
serving the Borough shall have the power to enforce the provisions
of this chapter. The Fire Chief shall have the authority to have any
fire extinguished or ban all burning within the Borough limits if
necessary to protect the public as determined in his/her sole discretion.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the county correctional facility for a
period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
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 chapter in equity in the Court of Common Pleas of Lancaster County.
