[Ord. 818, 12/10/2013]
As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BOROUGH
The Borough of Myerstown, Lebanon County, Pennsylvania.
FURNACE
Any enclosed device specifically designed for burning any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking, and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning of refuse, sewage sludge, or any other combustible material.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
PERSON
Any individual, partnership, association, corporation, department, bureau, agency, or other legal entity.
RECREATIONAL FIRE
A fire conducted on public or private property in a manufac tured fire pit or manufactured chiminea of the type approved by resolution of the Borough.
REFUSE
Garbage, rubbish, and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry, and other similar materials.
SALVAGE OPERATION
Any business, trade, or industry engaged in whole or in part in salvaging or reclaiming any product or material including, but not limited to, metals, chemicals, shipping containers, or drums.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade, or industry including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided that “trade waste” shall not include any coal refuse associated with the mining or preparation of coal.
[Ord. 818, 12/10/2013]
1. 
Burning within a manufactured fire pit or chiminea is permitted in the Borough of Myerstown subject to the following regulations:
A. 
They may not be burned after midnight to 8:00 a.m.
B. 
They shall be equipped with and contain all of the safety features as recommended by the manufacturer or as established by resolution of the Borough.
C. 
Attendance. Open burning, bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose, or water truck, shall be available for immediate utilization.
D. 
Setback. Recreational fires shall not be conducted within 15 feet of a structure or combustible material. Conditions which could cause a fire to spread within 15 feet of a structure shall be eliminated prior to ignition.
E. 
No burning of refuse, rubbish, or waste.
F. 
Emissions. No person may permit the open burning of material in a manner that:
(1) 
The emissions are visible, at any time, at the point such emissions pass outside the property of the person on whose land the open burning is being conducted.
(2) 
Malodorous air contaminants from the open burning are detectable outside the property of the person on whose land the open burning is being conducted.
(3) 
The emissions interfere with the reasonable enjoyment of life or property.
(4) 
The emissions cause damage to vegetation or property.
(5) 
The emissions are or may be deleterious to human or animal health.
G. 
Such other requirements as may be established by resolution of the Borough.
[Ord. 818, 12/10/2013]
1. 
Within the Borough limits, no person shall:
A. 
Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside any building.
B. 
Cause, suffer, allow, or permit the maintenance of any open fire for the destruction of refuse, or in the conduct of a salvage operation on any property under his control outside of any building.
[Ord. 818, 12/10/2013]
1. 
Subject to the following exceptions:
A. 
Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:
(1) 
The prevention of a fire hazard which cannot be abated by other means.
(2) 
The protection of public health.
B. 
Open fires may be set with approval of the Borough Council or Borough Council’s designee in writing of this Part; provided:
(1) 
Leaves, branches, and other nonputrescible vegetable matter only are burned.
(2) 
There is no practical available alternative method for disposal of the material to be burned.
(3) 
No hazardous or other objectionable condition will be created by such burning.
(4) 
No such burning is allowed on any street or sidewalk within the Borough.
(5) 
All such burning takes place between the hours of 9:00 a.m. and 9:00 p.m.
[Ord. 818, 12/10/2013]
The Borough Council of the Borough of Myerstown shall appoint by resolution a person who shall have the power to enforce the provisions of this Part.
[Ord. 818, 12/10/2013]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.