[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:
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.
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:
A.
The burning of charcoal, clean untreated wood, and other cooking
fuels customarily used in an outdoor grill or other traditional food
cooking devices;
B.
The burning of clean untreated wood in a commercially manufactured
outdoor fire place or safe outdoor fire pit or outdoor fire place
provided that:
(1)
The fire is wholly contained within the fire pit or fire place;
(2)
The fire pit or fire place is covered by a screen to control emission
of ash and embers;
(3)
The fire does not constitute a nuisance to adjoin property owners
or the public in general;
(4)
The fire is not within 20 feet of combustible materials or adjacent
property lines;
(5)
The fire is attended by an individual of at least 18 years of age;
(6)
There is not more than one fire pit or place located on the lot or
premises; and
(7)
The dwelling unit is the abode or of a person or persons acting as
a single housekeeping unit.
C.
Burning for a bona fide ceremonial purpose.
D.
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.
