The purpose of this chapter is to amend, repeal and clarify those sections of ordinances and/or Code of Ordinances enacted in the Borough of West Leechburg, Westmoreland County, Pennsylvania, that pertain to burning within the said Borough to protect the health, safety and welfare of the residence of West Leechburg Borough.
[HISTORY: Adopted by the Borough Council of the Borough of West Leechburg 9-11-2013 by Ord. No. 308. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
Any fire contained in a fireplace or cooking grill or other contained enclosure designed for outdoor cooking, or a fireproof container.
Chief of the Fire Company or his designee.
Rejected food wastes, including waste accumulations of animal, fruit, or vegetable mater used or intended for food; or wastes that attend the preparation, use, cooking, dealing in or storing of meat, fowl, fish, fruit, or vegetable mater. Typical waste from home gardens shall not be considered food waste.
Solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganism with sufficient rapidity to cause such nuisances as odors, gases, or vectors.
Any fire which is burned outside of an enclosed structure, building or noncombustible container.
Fires contained inside a noncombustible container, outside and not meant for cooking.
Any individual, partnership, organization, association, agency, firm, estate, company, trust, corporation, department, bureau or other legal or commercial entity.
An individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire.
Tree leaves, clippings, cuttings of plants and limbs or trees, loose branches and twigs usually generated by trimming or storms on the property.
Trunks of trees and limbs of trees exceeding four inches in diameter, and all products of, or made from, wood.
Any person desiring to burn anything permitted under this chapter or those ordinances or Code of Ordinances not amended by the provisions of this chapter too large for a container shall first contact the Fire Chief to obtain permission to burn outside of an approved container. Anyone starting such a fire without the permission of the Fire Chief shall be deemed in violation of this chapter and subject to penalties thereof.
It shall be unlawful to burn, ignite, incinerate, maintain or permit to burn any materials whatsoever, of whatever nature, without complying with this chapter.
A.
No person shall set or maintain a fire of any type when the Fire Chief prohibits open burning or in any part of the Borough when local circumstances make such fires hazardous.
B.
No fire shall be set or maintained on any public road, right-of-way or on any public property, except in the case of public property a fire may be set and maintained in areas designated as having been set aside for this purpose and in the appropriate container provided to contain such fire.
C.
No fire shall be set or maintained that may endanger any building or property, except in the instance in which the Fire Department, for training purposes, has caused a fire to be set in any building or property under the supervision of the officers of the Fire Department.
D.
The importing of materials from outside of West Leechburg Borough for the purpose of burning is strictly prohibited.
A.
No permitted fire shall be allowed to burn unattended, without a responsible adult being present at all times and without readily available fire extinguishing apparatus.
B.
No fire shall be permitted to burn whenever drought or extreme weather conditions exist or when a ban on burning has been placed into effect by the Commonwealth of Pennsylvania or other competent governmental body. The Fire Chief may prohibit any and all outdoor fires when atmospheric conditions or local circumstances make such fires hazardous.
A.
No person shall burn or cause to be burned anything in a bonfire or outdoor fire, anywhere in the West Leechburg Borough, on Sundays, Mondays or between sunset and sunrise Tuesday through Saturday, except for fires exempted under § 123-7 of this chapter.
B.
Fires shall be completely extinguished by sunset and shall not be permitted to smolder past same time.
A.
Exempted fires.
(1)
Fires solely for the cooking of food for immediate consumption.
(2)
Campfires for warmth, fellowship, food preparation or ceremonial purposes by bona fide groups or individual, such as hunting camps or public organizations (i.e., Boy Scouts, Girl Scouts).
(3)
Outdoor grilling or cooking of food using charcoal, wood, propane or natural gas in a cooking/grilling appliance or in an approved container.
(4)
The use of propane, natural gas, kerosene, gasoline, or acetylene in a device intended for agricultural or construction heating and maintenance activities.
(5)
Burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
B.
Bonfires. Bonfires, which are open fires built for any other purpose than to dispose of wood, wood products brush, stumps, vegetative matter and leaves produced on the premise where the fire is located, are prohibited in the Borough of West Leechburg, It shall be unlawful for any person to set, kindle or maintain a bonfire anywhere in the Borough without a permit or written authorization of the Fire Chief. The following conditions shall be adhered to in the maintenance of a bonfire: 1) no such fire shall be closer than 25 feet to any building or property line; 2) bonfires shall be prohibited on Sundays and Mondays, on the other days of the week they shall be permitted only between sunrise and sunset; 3) all bonfires shall be constantly attended by a responsible adult; 4) all bonfires must be extinguished at sunset such that the fire is completely extinguished and will not smolder; 5) the responsible adult have fire extinguishing equipment as deemed necessary by the Fire Chief.
C.
Outdoor fires. Outdoor Fires other that bonfires are permitted upon private property for the purpose of burning waste material produced on the premise on which the fire is built, under the following conditions: 1) open burning is not prohibited at the time by the Fire Chief; 2) the fire is built in and confined to a noncombustible container, covered with a screen of one-half-inch mesh or smaller or other suitable noncombustible material; 3) no such fire shall be closer than 15 feet to any building or to any property line; 4) no such fire shall be set, built or kindled on Sunday and Monday or any other day of the week between sunset and sunrise; 5) the fire shall be constantly tended by a responsible adult until the fire is extinguished; 6) no material prohibited by § 123-8 shall be burned; 7) the fire shall be extinguished at sunset such that the fire does not smolder; 8) it shall be unlawful for any person to set, kindle or maintain any outdoor fire except in strict compliance with the provisions of this subsection.
A.
Burning of plastics, rubber products and by-products, electronics, chemically treated wood, textiles, chemicals, by-products of manufacturing and processing operations, toxic construction debris and wastes from commercial or industrial operation is strictly prohibited.
B.
Nothing herein shall be construed to permit or encourage the burning of any substance determined by the Commonwealth of Pennsylvania or the United States Environmental Protection Agency to be a hazardous substance; nor shall any fire be permitted to burn by any person if such burning is in violation of the Air Pollution Control Act[1] or other legislation of the Commonwealth of PA or the United States of America or any other competent body.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
C.
No garbage or offal may be burned at any time, either indoors or out of doors.
D.
Fires shall be used only to burn readily combustible materials.
E.
Burning of animal carcasses and manure is prohibited.
F.
Burning of food waste is prohibited.
Any owner who or which shall violate or fail, neglect or refuse to comply with any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of between $300 and $600 for the first conviction, and a fine of between $600 and $1,000 for the second or subsequent convictions as well as costs of prosecution, or, in default of payment of such fines and costs, to imprisonment for not more than 30 days in the Westmoreland County Jail. A violation shall occur every 48 hours that such property is in violation of this chapter.
All ordinances or parts of ordinances and/or Code of Ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of this chapter 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, sections or parts of this chapter.
This chapter shall be effective immediately.