[HISTORY: Adopted by the Borough Council of the Borough of
Lansford 8-12-2009 by Ord. No.
2009-03. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Lansford
Borough Outdoor Burning Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this chapter, "smoldering" shall have the same meaning
as "burning," and smoldering shall be deemed a burning.
Of or relating to a place or location away from the confines
of the primary building/structure of that parcel of land.
Any individual, public or private corporation for profit
or nonprofit, association, firm, estate, political division, authority,
or any other legal entity recognized by law as the subject of rights
and duties.
Any open land under the ownership of Lansford Borough which
typically provides, but is not limited to, recreational use to the
community.
A.
Burning on streets, alleys, sidewalks and any public access is prohibited.
It shall be unlawful for any person to build, set, or maintain any
fire or burn any material, substance, or foods on any street, alley,
sidewalk, or public access.
B.
Outdoor burning on public grounds is limited. It shall be unlawful
for any person to build, set, or maintain any outdoor fire or openly
burn any material or substance on any public grounds, parks, facilities
or recreational areas, with the exception of charcoal or gas on a
portable grill in a designated area, specifically for the purpose
of cooking food.
C.
Outdoor burning on private property is restricted. It shall be unlawful
for any person to build, set, or maintain any outdoor fire or openly
burn any material or substance on private property, with the exception
of the following:
D.
Outdoor burning is permitted with prior authorization of Lansford
Borough Council, or under the direct supervision of an active official
of the American Fire Company #1, for the following:
Lansford Borough police officers, Code Enforcement Officer,
or any other duly authorized agent shall have the power and duty to
enforce the provisions of this chapter. The enforcing authority may
call upon the American Fire Company #1 to aid in the extinguishing
of any fires if conditions warrant such action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Carbon County.
The provisions of this chapter shall be severable, and if any
provisions hereof shall be invalid or unenforceable, the remaining
provisions of the chapter shall remain in effect. All ordinances or
parts of ordinances conflicting with any of the provisions of this
chapter are hereby repealed insofar as the same affects this chapter.
This chapter shall become effective immediately.
