It is against public policy to permit uncontrolled, unrestricted outdoor burning. The purpose of this chapter is to prevent needless public damage to life and property because of public and private nuisances caused by outdoor fires deliberately or carelessly set and improperly maintained and to protect the citizens from air pollution caused by unregulated open burning.
[HISTORY: Adopted by the Borough Council of Mount Holly Springs 3-10-2025 by Ord. No. 2025-03. Amendments noted where applicable.]
A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this chapter.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
A noncombustible container designed for roasting or baking food or meat over an open fire.
A noncombustible, listed device designed for cooking food or meat. A listed cooking device shall be fueled by either natural gas, liquified petroleum gas (LP gas), or commercial charcoal or briquettes.
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots, and similar devices associated with safety or occupational uses.
A noncombustible container designed for burning wood wherein products of combustion are emitted into the air by either passing through a stack or chimney from an enclosed container or emitting into the air without passing through a stack or chimney from an enclosed container. The total fuel area shall be three feet or less in diameter and two feet or less in height.
An outdoor fire burning materials other than rubbish where the fuel being burned is contained in a container designed for burning and has a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.
Open burning shall be prohibited.
A.
A recreational fire shall not be conducted within 25 feet of any building, structure, or combustible material unless the fire is contained in a barbecue pit or outdoor fireplace. Materials used for fuel for a recreational fire shall consist of wood only.
B.
Exceptions.
(1)
A cooking fire shall be contained in a cooking device designed for cooking and be fueled by natural gas, liquified petroleum gas, or commercial charcoal or briquets.
(2)
A recreational fire contained in a container, designed for burning combustibles, positioned on a noncombustible surface, and that is not less than 15 feet from a building or structure.
(3)
A cooking fire in a container, designed as a barbecue pit, positioned on a noncombustible surface, and that is not less than 15 feet from a building or structure.
C.
A recreational fire that is hazardous, offensive, objectionable, or unreasonably interferes with the comfortable enjoyment of life or property due to smoke or odor emissions shall be prohibited.
D.
The Fire Chief or Chief of Police or his or her designee is authorized to order the extinguishment of a recreational fire which creates or adds to a hazardous, offensive, or objectionable condition.
Recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher with a minimum 4-A rating or other locally approved on-site fire extinguishing equipment, such as dirt, sand, a water barrel, garden hose or fire truck, shall be available for immediate utilization.
A.
Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies, decks, porches, or within 10 feet of combustible construction.
B.
Exceptions:
(1)
One- and two-family dwellings.
(2)
Where buildings, balconies, decks, or porches are protected by an approved automatic sprinkler system.
(3)
Liquefied petroleum gas (LP gas) burners, used with a cooking device, designed for cooking, having an LP gas container with a water capacity of 2.5 pounds or less.
Any person, corporation or other entity 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 less than $100 or 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 Cumberland County.
Registration and penalty fees outlined in this chapter may be modified by a resolution passed and adopted by the Mount Holly Springs Borough Council.
All ordinances and resolutions or parts thereof inconsistent herewith are repealed; however, all other tax ordinances or resolutions shall remain in effect.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionally, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this ordinance. It is hereby declared as the intent of the Mount Holly Springs Borough Council, that this chapter would have been adopted had such constitutional, illegal, or invalid sentence, clause, or section or part thereof, not been included therein.
This chapter shall become effective within five days after its adoption.