[HISTORY: Adopted by the Borough Council of the Borough of Chalfont 8-10-2010 by Ord. No. 394 (Ch. 7, Part 2, of the 2010 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 209.
Property maintenance — See Ch. 302.
Solid-fuel-burning equipment — See Ch. 339.
This chapter shall be known as the "Borough of Chalfont Burning Ordinance" and is intended to regulate burning in the Borough.
A. 
This chapter does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
B. 
This chapter does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
C. 
This chapter does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
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.
A. 
The Fire Marshal shall have the authority to grant a variance from the provisions of this chapter for reasons including but not limited to the following:
(1) 
To prevent or abate a fire hazard.
(2) 
For the purposes of instructing personnel in firefighting techniques and exhibitions.
(3) 
For prevention and control of disease and pests.
(4) 
For fires set solely for ceremonial purposes.
(5) 
Bonfires used for recreational entertainment, not exceeding five feet by five feet in size and not burning longer than three hours.
B. 
Requests for variances shall be made in writing to the Borough of Chalfont Fire Marshal.
[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.