Within the Borough limits, no person, individual, partnership, association or corporation shall:
[HISTORY: Adopted by the Borough Council of the Borough of Langhorne 5-14-2003 by Ord. No. 2003-03. Amendments noted where applicable.]
Nothing in this chapter shall be construed to prohibit any of the following open burning operations:
A.
Any fire set to prevent or abate a fire hazards the protection of public health, or under emergency circumstances, when set by or under the supervision of a state, county or local Fire Marshal or Fire Chief;
B.
Any fire set for the purpose of instructing personnel in fire fighting;
C.
Any fire set by educational institutions or nonprofit organizations solely for recreational or ceremonial purposes; however, each such fire must be approved by permit by the Borough Fire Marshal or Borough Fire Chief; and
D.
Any fire set for the sole purpose of cooking, which is contained within an outdoor fireplace, grill or other masonry structure that has been UL certified or is considered safe by the Borough Fire Marshal, Borough Fire Chief or the Borough Police; provided, however, that such fire is fueled by electricity, propane gas or commercially manufactured charcoal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, individual, partnership, association or corporation who shall violate 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 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 Bucks County.
In addition to the remedies set forth in this chapter, any continued or repeated violation of this chapter shall constitute a nuisance and may be abated by proceedings against the violator by appropriate equitable action in the Bucks County Court of Common Pleas.
Whenever the requirements of this chapter conflict with other requirements of any ordinances of the Borough of Langhorne, the most restrictive, or those imposing the higher standards, shall govern. All ordinances or parts thereof inconsistent with this chapter are repealed to the extent that such inconsistencies may exist.
The Borough Council of the Borough of Langhorne appoints and designates the officers, inspectors and representatives of the Borough Council, the Borough of Langhorne Police Department, the Borough of Langhorne Zoning Office, the Borough of Langhorne Building and Code Enforcement Office, the Borough of Langhorne Fire Marshal's Office and the Langhorne-Middletown Fire Company. Said officers, representatives and inspectors shall have the power to enforce the provisions of this chapter.
If any section, paragraph, subsection, clause or provision of this chapter shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than that portion specifically declared invalid.