[Adopted 10-5-1987 by Ord. No. 950, approved 10-5-1987]
As used in this article, the following terms shall have the
meanings indicated:
Any fire where the products of combustion are emitted into
the open air and are not directed thereto through a stack or chimney
connected to a structure as defined by the Middletown Zoning Ordinance.[1]
Vegetation, including but not limited to trees, tree branches,
leaves, yard trimmings, shrubbery, grass, weeds and crops.
All putrescible and imputrescible wastes, except body waste,
and including but not limited to garbage, ashes, street cleanings,
dead animals, abandoned vehicles and solid market and individual waste.
[Amended 12-7-2021 by Ord. No. 1383, approved 12-7-2021]
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.
[Amended 12-7-2021 by Ord. No. 1383, approved 12-7-2021]
No person shall cause, suffer, allow or permit open burning
of refuse, designated recyclable materials, or plant life nor conduct
a salvage operation by open burning.
[Amended 10-1-2019 by Ord. No. 1365, approved 10-1-2019]
A.
This article shall not apply to the following activities which do
not require a permit from the Fire Marshal or the Pennsylvania Department
of Environmental Protection:
(1)
Open barbeque pits or devices of similar construction, whether they
are of a permanent or temporary nature, when such pits or devices
are used for the purpose of preparing food for human consumption.
The burning of refuse or designated recyclable materials in conjunction
with open barbeque pits or devices of similar construction is strictly
prohibited; or
[Amended 12-7-2021 by Ord. No. 1383, approved 12-7-2021]
(2)
Fire pits, fire bowls, chimineas or similar portable devices, but
only when the following requirements and conditions are met:
(a)
Any person operating a fire pit, fire bowl, chiminea or similar
portable device must have permission from the landowner.
(b)
There must be one person at least 18 years of age present to
assume responsibility for the use of these devices.
(c)
Appliances must be used in accordance with the manufacturer's
instructions and guidelines. User instructions and guidelines shall
be kept nearby for quick reference.
(d)
Use of fire pits, fire bowls, chimineas and similar portable
devices must be a minimum of 15 feet away from any building or structure
in all directions. All flammable material(s), e.g., mulch, fabrics,
firewood, etc., must be kept a minimum of three feet in diameter around
the appliance.
(e)
The use of fire pits, fire bowls, chimineas or similar portable
devices on a balcony or deck is prohibited.
(f)
Use of only aged, dried wood is allowed. The burning of any
type of construction material or trash is prohibited.
(g)
The use of any type of flammable or combustible liquid at any
time is prohibited.
(h)
A garden hose connected to a constant water source or extinguishing
device must be stored close by, available and operational in the event
of an emergency.
(i)
Smoke is not allowed to cross property lines. Users must be
mindful of the wind speed prior to starting this type of fire.
(j)
Fire pits, fire bowls, chimineas and similar portable devices
shall not be used on "Code Orange" or "Code Red" air quality days.
(k)
Users must dispose of all ashes in a safe manner. After 24 hours
has passed, all leftover hot ashes must be thoroughly dampened, cooled
and stored in a metal can that is used solely for ash storage. The
metal can should be a minimum of five feet from any structure. Ashes
that are two or three days old may appear to be safe, but can still
retain enough heat to cause an unwanted fire. Do not discard hot ashes
in a compost pile, paper bag, cardboard box, or anything that is combustible.
(l)
Care and necessary precautions should be taken in handling partially
burned wood. The wood may still be smoldering and could cause a serious
burn.
B.
The use of fire pits, fire bowls, chimineas or similar portable devices
without taking the proper precautions, including but not limited to
the requirements and conditions described above, is strictly prohibited.
If said use is determined by the Middletown Volunteer Fire Department
to be hazardous, it may result in the fire being extinguished by the
Fire Department.
Any person violating § 164-18 shall, upon conviction thereof before any District Justice, be liable to a fine of not more than $300, plus costs of prosecution, or, in default of the payment of said fine and costs of prosecution, to imprisonment for not more than 30 days in the county jail.
