This chapter shall be known as the "Borough of Chalfont Burning
Ordinance" and is intended to regulate burning in the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
LEAF WASTE
Twigs, shrub trimmings, small branches, and like vegetative
matter.
RECREATIONAL FIRE
Any fire used in connection with camping, cooking, picnicking,
or other commonly accepted recreational activity, and shall not include
the mere burning of logs, trees, lumber or other such materials. Recreational
fires must be clearly used for said purpose at the time of observation
and may only be kindled with seasoned wood, charcoal or other man-made
material expressly for use in recreational fires.
RECYCLABLES
Materials generated by a person or entity which can be separated
from municipal waste and returned to commerce to be reused as a resource
in the development of useful products. Materials which may be recycled
include but are not limited to glass (clear, brown or green), aluminum,
steel and bimetal cans, high-grade office paper, mixed paper, newspaper
(including newspaper inserts, junk mail and telephone books), corrugated
paper, magazines and other periodicals, plastic containers, and other
materials as may be designated from time to time as "recyclable materials."
SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material resulting from operation of residential, municipal,
commercial or institutional establishments.
No person or persons shall set or maintain any fire within the
Borough of Chalfont unless the said fire is for recreational purposes
and is set and maintained strictly in accordance with the following
terms and conditions:
A. No outdoor fires shall be ignited prior to 9:00 a.m. on any day,
and they must be extinguished by 12:00 midnight of the same day.
B. The base of the fire shall not exceed 30 inches in width, and the
fuel shall not be stacked higher than 20 inches above the base.
C. Outdoor fires shall be attended at all times and until the fire is
completely extinguished.
D. No outdoor fires shall be set or maintained within 15 feet of any
building.
E. No person shall ignite, cause, feed, permit or maintain any open
fire for the destruction of solid waste, recyclables or leaf waste.
F. The burning of garbage, rubber, leather, plastics, paints, grease,
oil, and other petroleum products is strictly prohibited under any
conditions.
G. No outside fire shall be set or burned which causes smoke to interfere
to any degree with normal visibility at any point outside of the property
upon which the burning is being conducted and which in any degree
causes damage to the property of others or interferes with the welfare
and comfort of other persons in the community and their right to enjoy
their property free and clear from smoke nuisance.
No person or persons shall set or maintain any outdoor fire
of any type whatsoever within the Borough of Chalfont when and during
such specified periods of time as the Fire Chief of the Chalfont Fire
Company shall determine, when in the opinion of such official hazardous
conditions exist by reason of unusual weather conditions; provided,
however, that public notice of such prohibition is published one time
in a newspaper having general circulation within the said Borough,
and further that such notice of prohibition is publicly posted at
the Borough Hall and other prominent places within said Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 attorney's 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 Borough correctional facility for a period not exceeding
10 days or 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 Bucks County.