[HISTORY: Adopted by the Borough Council of the Borough of New Salem 5-6-1969 by Ord. No. 1-1969. Amendments noted where applicable.]
Property maintenance — See Ch. 159.
This chapter shall be known and may be cited as the "New Salem Borough Open Burning Control Ordinance."
[Amended 12-5-1989 by Ord. No. 1-1989; 10-7-2008 by Ord. No. 1-2008]
Whereas the Borough Council of New Salem Borough has determined that open burning can be dangerous and detrimental to the health, comfort, living conditions, welfare and safety of the citizens of New Salem Borough, it is hereby declared to be the policy of New Salem Borough that:
Open burning shall be defined as and limited to the burning of plant waste, leaves, brush, trees and tree limbs. No rubbish or man-made materials shall be burned at any time except to ignite or kindle the fire. Open burning does not include road flares, smudgepots and similar devices associated with safety, tarpots (asphalt kettles) or recreational fires.
No person shall ignite, kindle or maintain any open burning unless conducted and approved in accordance with this section.
Open burning shall be permitted only on the second Saturday of each month between the hours of 7:00 a.m. and 5:00 p.m. These dates are subject to being cancelled if, in the opinion of Borough Council, a fire danger exists because of lack of rain. Council shall give public notice of the existence of a fire hazard by newspaper ads or articles, but it shall be the duty of the resident to check with Borough officials to determine if a fire hazard has been declared prior to any burning. Residents shall also advise the New Salem Fire Company of the place and time the resident intends to burn and shall attend the fire until it is completely extinguished.
Other burning may be permitted with the permission of the Borough upon good cause shown.
No open burning shall be conducted within 50 feet of any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.
Recreational fires for pleasure, religious, ceremonial, cooking, warmth or similar purposes which are not contained in an approved container, outdoor fireplace, barbecue grill, barbecue pit or chimnea, with a total fuel area of more than three feet or a diameter greater than two feet, shall not be conducted within 15 feet of a structure.
Open burning and recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 of the 2006 International Fire Code, with a minimum 4-A rating, 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.
[Amended 10-7-2008 by Ord. No. 1-2008]
Persons who violate this chapter are subject to arrest and shall be charged before the Magisterial District Judge. Upon conviction by the Magisterial District Judge, there shall be a fine of not more than $1,000, plus costs. Upon a second or subsequent conviction, the Magisterial District Judge may impose a jail sentence up to 30 days. Upon default in payment of a fine, there shall also be a jail sentence of up to 30 days.