[HISTORY: Adopted by the Borough Council
of the Borough of Mount Pocono 3-20-2006 by Ord. No. 3-2006. Amendments noted where
applicable.]
This chapter shall be known as the "Borough
of Mount Pocono Open Burning Prohibited Ordinance."
[Amended 5-7-2012 by Ord. No. 3-2012]
A.
All burning is strictly prohibited in the Borough of Mount Pocono
unless specifically permitted herein. For purposes of this chapter,
"burning," is defined as combustion by fire of any natural or man-made
materials.
B.
Permitted burning. The following constitutes the only permitted burning
within the Borough of Mount Pocono:
(1)
Outdoor fire for cooking purposes. All such fires shall be contained
within a structure such as a grill and shall be tended at all times.
Such fires shall burn charcoal, propane, or other materials designed
specifically for outdoor cooking purposes. Such fires will be extinguished
promptly after cooking.
(2)
Recreational fires. All such fires, consisting only of natural or
clean wood fuel sources, shall be confined to portable noncombustible
containers (e.g., chimineas, hearths) covered with a spark arrestor,
or approved permanent outdoor brick or stone fire pits covered with
a spark arrestor. Such fires shall be tended to at all times, and
where they will be extinguished promptly after all recreational activity
has been completed.
[Added 6-15-2020 by Ord.
No. 4-2020]
(a)
Hours of recreation fires are limited to Monday through Friday,
5:00 p.m. to 11:00 p.m., and Saturday and Sunday, 12:00 noon to 11:00
p.m.
C.
All such permitted fires shall burn no closer than 25 feet to any
lot line, and, where permitted, recreational fires shall burn no closer
than 25 feet to any structure.
[Amended 6-15-2020 by Ord. No. 4-2020]
D.
Under no circumstances shall it be permitted to burn unlawful or
other fuel sources not listed above. These prohibited fuel sources
include (but are not limited to) leaves, yard clippings, trade waste,
construction debris, rubber, plastic, garbage, offal, refuse, furniture,
treated/painted lumber, or other materials.
[Added 6-15-2020 by Ord.
No. 4-2020]
E.
Nothing herein shall be construed to permit or encourage the burning
of any substance determined by the Commonwealth of Pennsylvania or
the United States Environmental Protection Agency to be a hazardous
substance; nor shall any fire be permitted to burn by any persons
if such burning is in violation of the Air Pollution Control Act[1] or other legislation by the Commonwealth of Pennsylvania
or the United States of America or any of their legislative agencies.
[Added 6-15-2020 by Ord.
No. 4-2020]
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
The Pocono Mountain Regional Police Department
is hereby granted the authority and responsibility for enforcing any
violations of this chapter as are found to be in existence at the
time of inspection.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction in a summary proceeding brought
in the name of the Borough of Mount Pocono, before a Magisterial Justice
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, be sentenced to
pay a fine of not more than $300 and the costs of prosecution, and
in default of payment, to imprisonment for a term not to exceed 90
days, provided that each day's violation of any of the provisions
of this chapter shall constitute a separate offense.
A.
In case of a fire requiring fire fighters and/or equipment
and upon conviction of any violation of this chapter, the violator
shall also pay charges in order to cover the firefighting costs. Charges
shall be assessed for use of the following firefighting equipment:
B.
Additional labor charges shall be assessed under this
chapter based upon an hourly rate for all firemen engaged in the firefighting
activities.
