[HISTORY: Adopted by the Borough Council of the Borough of Plymouth 10-11-2016 by Ord. No. 8-2016. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- OPEN BURNING
- The igniting of any material to cause flame, smoke, embers, hot ash or residue, in combination or individually into the air without passing through a stack or chimney. It does not include the legal smoking of tobacco products.
- PLANT LIFE
- Vegetation including, but not limited to, trees, tree branches, leaves, yard trimmings, shrubbery, grass and weeds.
- All putrescible and nonputrescible wastes (except body waste), including, but not limited to, garbage, rubbish, street cleanings, dead animals, abandoned automobiles and solid market and individual waste.
No person, corporation or entity shall start, kindle, cause, allow, or maintain any form of open burning on private or public property, except as specifically authorized by this chapter or except as permitted in writing by the Code Enforcement Officer of the Borough or the Borough Chief of Police.
Burning, in compliance with this chapter, shall be permitted only between the hours of 8:01 a.m. and 10:59 p.m. Under no conditions shall burning, as defined herein, be permitted between the hours from 11:00 p.m. to 8:00 a.m. Fires allowed to burn or smolder after 11:00 p.m. shall be in violation of this chapter, and all those persons, entities or corporations causing such fires shall be prosecuted under the guidelines of this chapter.
Burning, in compliance with this chapter, shall be attended at all times by an individual 18 years or older until such time as the flame has subsided completely. Unattended burning shall be in direct violation of this chapter, and all persons, entities or corporations causing and allowing such unattended burning shall be prosecuted under the guidelines of this chapter.
No burning shall take place within 20 feet of any building, structure, combustible materials or adjacent property lines.
Provided that the burning complies with applicable and federal statutes, regulations or other law and the size of that fire does not exceed one foot in height by two feet in width and two feet in length, the following burning shall be allowed:
The burning of charcoal, clean untreated wood, and other cooking fuels customarily used in an outdoor grill or other traditional food cooking devices;
The burning of clean untreated wood in a commercially manufactured outdoor fire place or safe outdoor fire pit or outdoor fire place provided that:
The fire is wholly contained within the fire pit or fire place;
The fire pit or fire place is covered by a screen to control emission of ash and embers;
The fire does not constitute a nuisance to adjoin property owners or the public in general;
The fire is not within 20 feet of combustible materials or adjacent property lines;
The fire is attended by an individual of at least 18 years of age;
There is not more than one fire pit or place located on the lot or premises; and
The dwelling unit is the abode or of a person or persons acting as a single housekeeping unit.
Burning for a bona fide ceremonial purpose.
Burning by any governmental agency or governmental subdivision for training or other purposes.
Even if open burning is allowed under this chapter, no open burning shall occur if at the discretion of the Code Enforcement Officer or Chief of Police of the Borough, if said burning in his opinion represents a danger to the public safety, health or welfare of the residents of the Borough.
No person, entity or corporation shall burn plant life or refuse as defined under this chapter except with the express written approval of the Code Enforcement Officer or Chief of Police.
The Borough Code Enforcement Officer and/or any Plymouth Borough Police Officer is hereby granted the authority and responsibility for enforcing compliance with this chapter. In the event any violations of this chapter are found to be in existence, the Borough Code Enforcement Officer and/or any Plymouth Borough Police Officer is hereby charged with the responsibility of issuing warnings or citations, as merited, for all violations of this chapter or commencement of an action in the Magistrates District having jurisdiction over matters occurring in the Borough of Plymouth to redress any violation.
Any person or corporation who violates the provisions of this chapter shall, upon conviction, pay a minimum fine of $300 and a maximum fine not to exceed $1,000 and the costs of prosecution, as well as filing fees, and in default therewith, undergo imprisonment in the County Prison for a period not to exceed 30 days. The action to enforce this penalty provision shall be commenced in the Magistrate District having jurisdiction over matters occurring in Plymouth Borough and said magistrate shall have the authority and jurisdiction to impose the fines, costs and penalties specified herein.
If any clause, sentence or other provisions of this chapter should be declared unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect the remaining provisions of this chapter, and the Borough Council declares that it would have adopted this chapter had such unconstitutional, illegal or invalid provisions not been contained herein.
All other ordinances inconsistent with this chapter are hereby repealed insofar, but only insofar, as they are inconsistent herewith.