[Ord. 00048, 9/14/2009, § II]
This Part shall be known and may be cited as the "Akron Borough
Open Burning Ordinance."
[Ord. 00048, 9/14/2009, § II]
BOROUGH
Akron Borough, Lancaster County, Pennsylvania.
OPEN BURNING
The burning of any material or combination of materials where
the products of the combustion are emitted directly into the ambient
air without first passing through a stack or chimney from an enclosed
chamber inside of any building or structure. For purposes of this
definition, a chamber is considered "enclosed" when, during the time
combustion is occurring, the only apertures, ducts, stacks, flues
or chimneys open to the outside air are those necessary to emit combustion
air or those necessary to permit the escape of exhaust gasses from
the combustion to the outside of any building, and then into the ambient
air.
OUTDOOR BARBECUE STRUCTURE
Any commercially constructed grill intended to be used solely
for heating, cooking and preparing food for human consumption or a
constructed masonry grill used only for heating, cooking or preparing
food for human consumption.
PERSON
Any individual, partnership, association, corporation, limited
liability company, limited liability partnership, department, bureau,
agency or other similar legal entity, but excluding the Borough of
Akron.
RECREATIONAL FIRE
An outdoor fire used for recreational purposes such as to
cook food on an outdoor barbecue structure; or to burn non-treated,
dry wood or charcoal in a residential fire pit, fire circle or chimenea.
A recreational fire is a fire that is not used for the purpose of
disposing of the material being consumed.
[Ord. 00048, 9/14/2009, § II]
Except as herein provided, within the Borough, no person shall
kindle, set, start, ignite, maintain or permit the kindling, setting,
starting, ignition or maintenance of any open burning for any purpose,
including by way of example and not by way of limitation, any junk
fire, refuse fire, open fire, a fire ignited to burn brush, grass,
wood, leaves, paper, rubbish, garbage, construction materials, etc.
[Ord. 00048, 9/14/2009, § II]
1. Fires by Permit. Certain exceptions to the prohibition of open burning
may be allowed by permit.
A. The type of open burning that may be allowed by permit includes the
following:
(1)
To prevent or abate a fire hazard.
(2)
For the purpose of instructing firefighting personnel or to
demolish a fire hazard (including a structure or structures).
(3)
For the prevention and control of disease or pests.
(4)
Solely for ceremonial purposes, such as a bonfire.
B. All such open burning must be undertaken with the supervision of
the Volunteer Fire Company of Akron, Pennsylvania.
C. The Borough Manager shall be considered the Permit Officer.
D. The Borough Council may establish permit fees by resolution.
2. Recreational Fires. It shall be lawful at any time for any person
to kindle, set, start, ignite and maintain a recreational fire, provided
that such fire is used solely for recreational purposes and is confined
to an approved outdoor barbecue structure, fire pit, fire circle or
chimenea.
[Ord. 00048, 9/14/2009, § II]
The Borough Council hereby gives express authority to the volunteer
fire company of Akron, Pennsylvania, to extinguish any open burning,
including recreational fires, within the Borough when the Fire Chief
or, in his absence, the highest acting officer of the fire company
deems that conditions warrant such action.
[Ord. 00048, 9/14/2009, § II]
1. Any person who violates any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine of not less than $50 nor more
than $500 plus costs. Each day that a violation of this Part continues
shall constitute a separate offense.
2. The Akron Borough Police may file non-traffic citations with that
magisterial district judge who has jurisdiction over any violation
of this Part.