ATTACHMENTS
Attachment 1 - Application for Open Burning
[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; amended by Ord. No. 2024-3, 6/3/2024]
As used in this Part, the following terms shall have the meanings indicated:
BOROUGH
Borough of Wrightsville.
CONSTRUCTION WASTE
Solid waste resulting from the construction, renovation, or demolition of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block, and unsegregated concrete, but specifically excluding waste from land clearing, grubbing, and excavation, including trees, brush, stumps, and vegetative material.
OPEN BURNING
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.
PERSON
Any natural person, individual, partnership, association, firm, company, trust or corporation or other entity recognized by law.
RECYCLABLE MATERIAL
Those materials which may be processed or refabricated for reuse and which are specified by the Borough, or its designee, for separation from the regular solid waste.
[Ord. 2014-2, 7/7/2014; amended by Ord. No. 2024-3, 6/3/2024]
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.
M. 
Open burning of any recyclable material or construction waste.
[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:
(1) 
Such burnings are conducted under adult supervision (21 years of age or older).
(2) 
Such burnings are extinguished by midnight of the same day.
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:
(1) 
Name.
(2) 
Property upon which open burning will be conducted.
(3) 
Propose dates of such open burning.
(4) 
The materials to be burned.
(5) 
Dates of the open burning (which may be a maximum per permit of seven consecutive days).
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.