[Ord. 2014-2, 7/7/2014]
The Council of the Borough of Wrightsville, York County, Pennsylvania
has determined that open burning may cause harm to citizens and inhabitants
of the Borough by endangering their health, safety and welfare. Accordingly,
this Part is designed to regulate open burning, so that it may be
utilized when desired, necessary or appropriate, but only in such
a fashion so as to avoid harm to those in the vicinity of such open
burning.
[Ord. 2014-2, 7/7/2014]
As used in this Part, the following terms shall have the meanings
indicated:
Borough of Wrightsville.
The ignition and subsequent burning of any combustible material
(including, but not limited to, wood, vegetation, paper, litter or
any sort of debris) out of doors in either a burn barrel (screened
or unscreened), fire ring, on the ground, or in another receptacle
that does not have a flue, duct, pipe, stack or chimney or other conduit
that restricts the emissions of such open burning. The use of a propane
or gas stove, or charcoal briquette grill for cooking purposes is
not considered open burning for purposes of this Part. Similarly,
the recreational use of a chiminea, outdoor fireplace, fire bowl or
similar apparatus (which has one of the features above that restricts
emission) likewise shall not be considered open burning for purposes
of this Part.
Any natural person, individual, partnership, association,
firm, company, trust or corporation or other entity recognized by
law.
[Ord. 2014-2, 7/7/2014]
1.
No person shall conduct the following:
A.
Regulate, manage or control an open burning if that person is under
the age of 18 years.
B.
Open burning between sunset and sunrise.
C.
Open burning that is unattended by any person.
D.
Open burning within 50 feet of any building.
E.
Open burning within 50 feet of any adjoining property line.
F.
Open burning on any public or private street, right-of-way, alley,
road or highway.
G.
Open burning of items and materials such as household garbage, which
may be disposed of through services provided by the Borough. Leaves,
brush, tree limbs and branches are not, however, prohibited.
H.
Open burning of any hazardous material, as that term is defined by
the rules and regulations of the United States Environmental Protection
Agency and/or the Pennsylvania Department of Environmental Protection.
I.
Open burning of rubber or plastic (or items consisting of rubber
or plastic), manure, hair, carcass or feathers.
J.
Open burning that causes damages to vegetation or property (real
or personal).
K.
Open burning that creates emissions that can be seen or smelled,
that interferes with the reasonable enjoyment of the use of other
real property in the Borough by other persons.
L.
Open burning without a permit.
[Ord. 2014-2, 7/7/2014]
1.
The following activities are exempt from the outdoor burning restriction in § 7-103 above:
A.
The performance of an official duty of any public officer, if the
burning is necessary for the prevention of a fire hazard that cannot
be abated by any other means.
B.
A burning required for the protection of public health at the direction
of the appropriate public officer.
C.
Instructing personnel in firefighting when approved by a Fire Chief
of Wrightsville Borough.
D.
Outdoor burnings done in conjunction with school-related or civic
functions, ceremonies such as bonfires, group wiener roasts or campfires,
provided that:
E.
Open burning for the purpose of prevention and/or control of disease
or pests when approved by the Pennsylvania Department of Environmental
Protection, or its designees, and controlled by authorized personnel.
F.
Open burning in furtherance of agricultural purposes on any real
property of at least 10 acres in size.
G.
Open burning pursuant to a permit issued by the Borough.
[Ord. 2014-2, 7/7/2014]
1.
Open burning may be allowed if the following conditions are met:
A.
Person desiring to conduct open burning makes an application to the
Borough in a form provided by the Borough wherein that person indicates
the following:
B.
The person pays the applicable open burning permit fee, which may
be set by the Borough Council from time to time.
C.
The Borough will notify the Wrightsville Borough Fire Department
of the name of the person receiving the open burning permit and the
dates of the open burning permit unless the person is directed to
do so by the Borough.
[Ord. 2014-2, 7/7/2014]
1.
All fires, whether or not open burning, shall be kept under competent
and continuous supervisions. The person supervising the open burning
shall have available a garden hose connected to a water supply or
other fire extinguishing equipment or materials which shall be readily
available for use.
2.
All flammable and combustible materials not used as fuel in such
fire for open burning shall be moved a sufficient distance from the
open burning so as not to constitute a safety hazard.
3.
All fires, ashes and coals shall be thoroughly extinguished.
[Ord. 2014-2, 7/7/2014]
1.
Borough Council hereby authorizes the Borough Fire Chief or his or
her deputies, in addition to the Wrightsville Borough Police Department,
to enforce the provisions of this Part in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure.
2.
Any person who shall violate any of the provisions of this Part shall,
upon summary conviction, be subject to a penalty of not less than
$50 or more than $1,000 per violation plus cost. Should such person
refuse or neglect to pay such penalty, such person shall be subject
to imprisonment to the extent allowed by law for the punishment of
summary offenses.
3.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
that is found to have been violated.
[Ord. 2014-2, 7/7/2014]
All ordinances or parts thereof inconsistent herewith are hereby
repealed.
[Ord. 2014-2, 7/7/2014]
The effective date of this Part shall be five days from the
date of enactment.
