Borough of Lemoyne, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne 6-2-1994 by Ord. No. 610. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 265.
Parks and recreation areas — See Ch. 347.
No person or persons shall set or maintain any fire upon any of the streets, sidewalks, alleys or public grounds in the Borough of Lemoyne, Cumberland County, Pennsylvania, or burn or cause to be burned thereon any material or substance of any kind. nor shall any person set or maintain any fire or burn or cause to be burned any material of any kind out-of-doors on any such private property within the limits of the Borough of Lemoyne except as hereinafter provided.
No person or persons shall set or maintain any fire out-of-doors upon private property in the Borough of Lemoyne or burn or cause to be burned any material or substance of any kind out-of-doors within the Borough of Lemoyne except as hereinafter provided.
No out-of-door fire shall be permitted which is in violation of state or federal environmental laws or regulations.
The provisions of §§ 183-1 and 183-2 of this chapter shall not apply to:
A. 
Charcoal, gas grill fires or other heat sources used for cooking, so long as the heat source is contained within a suitable fireproof container or receptacle and under adult supervision.
B. 
Lanterns, candles or other decorative or functional illumination, so long as under adult supervision. This exception shall not apply to camp fires or other fires upon the ground.
C. 
Fires in Borough parks only as permitted by Chapter 347, Parks and Recreation Areas, of the Lemoyne Borough Code and regulations issued pursuant thereto.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000 and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, pay to the Borough of Lemoyne for the use of Citizens Fire Company No. 1, in addition to any penalty, a reasonable fee for response costs of fire departments responding to the unlawful fire or result thereof. Response costs may be set forth by resolution adopted by the Borough of Lemoyne, as amended from time to time by resolution. Response costs unpaid for 30 days from billing shall constitute a lien on property used in violation of this chapter, and the Borough of Lemoyne shall have the power to enter and enforce said lien as for other municipal liens.
If any sentence, clause, or section is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or sections of this chapter. It is hereby declared as the intent of the Borough of Lemoyne that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part there of not been included herein.