This article shall be known and may be cited as the "Derry Borough
Open Fires, Outdoor Burning and Incinerator Ordinance."
It is against public policy to permit uncontrolled and unrestricted
outdoor burning and the burning of substances in incinerators that
create a nuisance within the Borough, as more specifically set forth
below. The purpose of this article is to prevent needless damage to
life and property because of public and private nuisances caused by
outdoor fires deliberately and/or carelessly set and maintained.
For the purpose of this article, the following words and terms
shall have the meanings ascribed to them herein:
BOROUGH
The Borough of Derry, Westmoreland County, Pennsylvania.
CONTAINED FIRE
Any fire contained in an incinerator, fireplace, cooking
grill or other fireproof container or enclosure designed for indoor/outdoor
cooking, heating, or leisure purposes.
ENFORCEMENT OFFICER
The person designated by Borough Council to enforce this
article. The Enforcement Officer may hold other positions with the
Borough.
FIRE
Any fire set or maintained outside of a building.
INCINERATOR
A furnace or apparatus for burning waste materials, especially
industrial waste, at a high temperature until it is ash.
PERSON
Any individual, partnership, corporation, organization, association,
agency, firm, estate and any other legally recognized entity, and
the members of such partnership or association and the officers of
such corporation.
POLICE DEPARTMENT
Any entity whose primary jurisdiction includes all or a portion
of the territorial limits of the Borough, which may include the Pennsylvania
State Police or any municipal or regional police department formed
by the Borough, participated in by the Borough or with which the Borough
has a contract for police protective services.
POLICE OFFICER
Any member of the Pennsylvania State Police, Derry Borough
Police Department or any municipal or regional police department contracted
with or formed by the Borough.
RECREATIONAL FIRE
A fire contained within a pit or other noncombustible enclosure
for the purpose of pleasure, religious, ceremonial, or other similar
purposes.
RESPONSIBLE ADULT
An individual 18 years or older who is not under the influence
of drugs, alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
It shall be unlawful to set, start, feed, permit or maintain
any fire containing construction debris, plastics, rubber, manufacturing
or commercial by-products or wastes, any hazardous substance as defined
by the Commonwealth of Pennsylvania or any other competent governmental
body, or any substance that is not readily combustible.
It is a violation of this article for any person to allow any
fire to burn under adverse weather conditions or during any time a
burning ban declared by the Borough Council, County of Westmoreland,
or a commonwealth agency is in effect, or unsupervised or otherwise
in an unsafe manner or as an uncontrolled fire. Any person on a property
where a fire is burning under adverse weather conditions, unsupervised
or otherwise in an unsafe manner as an uncontrolled fire or otherwise
in violation of this article shall extinguish such outdoor fire immediately
upon the request of the Enforcement Officer, a police officer, or
any member of a volunteer fire company which has been called to the
property. Failure to extinguish such outdoor fire upon such a request
is a violation of this article. If no person is on such property,
or if such person refuses to or cannot otherwise extinguish the fire
upon request of the Enforcement Officer, police officer, or a firefighter,
such Enforcement Officer, police officer or firefighter may take all
appropriate action to extinguish the fire.
In the event that it is necessary to have an uncontained fire
of a size and/or at a time other than that permitted under this article,
the landowner must obtain special permission in advance from the Enforcement
Officer and the Fire Chief (or his designee) of the volunteer fire
company providing service to the area in which the property is located.
The Enforcement Officer, Fire Chief and any police officer shall
have the power to enforce any provisions of this article. Borough
Council specifically authorizes the Enforcement Officer to issue citations
to enforce this article.
The Borough and its agents, officials and representatives shall
not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the provisions of this
article or by reason of the conduct of any burning activity in compliance
with the terms and provisions of this article. The individual person
or persons responsible for any such fire shall bear sole liability
for any damages caused as a result thereof.