[HISTORY: Adopted by the City Council of
the City of Bradford 10-28-2008 by Ord. No. 3225.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 86, Open Burning, adopted 2-24-1970 by Ord. No. 2842, as
amended.
This chapter shall be known and may be cited
as the "Bradford Open Burning Ordinance."
The City Council of the City of Bradford has
determined that air pollution from an open fire may be detrimental
to the health, comfort, living conditions, welfare and safety of the
citizens of the City. It is hereby declared to be the policy of the
City of Bradford to safeguard the citizens of the City from such air
pollution.
The following words, terms and phrases, when
used in this chapter, unless the context clearly indicates otherwise,
shall have the following meanings ascribed to them:
A container that is three feet or less in diameter and less
than two feet in height. It must have a spark arrester around the
entire container and capped with a lid so that no sparks or hot embers
can escape.
An outdoor fire utilized for ceremonial purposes.
Any enclosed device specifically designed for the burning
of any material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
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, smudgepots and similar devices associated with safety
or occupational uses typically considered open flames or recreational
fires. For the purpose of this definition, a chamber shall be regarded
as enclosed when, during the time combustion occurs, only apertures,
ducts, stacks, flues or chimneys necessary to provide combustion air
and permit the escape of exhaust gas are open.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator or outdoor grill.
A device or structure specifically used for the preparation
of food.
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, department, bureau, agency or other entity
recognized by law as the subject of rights and duties.
An outdoor fire burning materials other than rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, barbecue grill or barbecue pit and has a total fuel area
of three feet (914 mm) or less in diameter and two feet (610 mm) or
less in height for pleasure, religious, ceremonial, cooking, warmth
or similar purposes.
Garbage, rubbish and trade waste.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings,
furniture, tin cans, glass, crockery, masonry and other similar materials.
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.
All solid and liquid material or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry,
including but not limited to plastic products, cartons, paint, grease,
oil and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials.
The City Council or its authorized representative
shall have the power and duty to enforce the provisions of this chapter.
A.
General. 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 section.
B.
Prohibited open burning. Open burning that is offensive
or objectionable because of smoke or odor emissions or when atmospheric
conditions or local circumstances make such fires hazardous shall
be prohibited.
C.
Permit required. A permit shall be obtained from the
fire code official in accordance with this section prior to kindling
a fire. Application for such approval shall only be presented by and
permits issued to the owner of the land upon which the fire is to
be kindled. A permit fee, as set forth from time to time by resolution
of the City Council, shall be paid prior to issuance of the permit.
Issued permits shall be kept on the premises designated therein at
all times and shall be readily available for inspection by the fire
code official.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Authorization. When required by local law or regulations,
open burning shall only be permitted with prior approval from the
local air and water quality management authority, provided that all
conditions specified in the authorization are followed.
E.
Extinguishment authority. The fire code official is
authorized to order the extinguishment by the permit holder, another
person responsible or the fire department of open burning that creates
or adds to a hazardous or objectionable situation.
F.
Location. The location for open burning shall not
be less than 50 feet (15,240 mm) from any structure, and provisions
shall be made to prevent the fire from spreading to within 50 feet
(15,240 mm) of any structure.
G.
Bonfires. A bonfire shall not be conducted within
50 feet (15,240 mm) of a structure or combustible material unless
the fire is contained in a barbecue pit. Conditions which could cause
a fire to spread within 50 feet (15,240 mm) of a structure shall be
eliminated prior to ignition.
H.
Recreational fires. Recreational fires shall not be
conducted within 25 feet (7,620 mm) of a structure or combustible
material. Conditions which could cause a fire to spread within 25
feet (7,620 mm) of a structure shall be eliminated prior to ignition.
I.
Attendance. Open burning, bonfires or recreational
fires shall be constantly attended until the fire is extinguished.
A minimum of one portable fire extinguisher, 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.
J.
Hours. It shall be unlawful for any person to start, kindle, cause,
allow, or maintain any form of open burning between the hours of 12:00
midnight. and 6:00 a.m., except as specifically authorized in writing
by the City of Bradford Fire Department.
[Added 6-12-2018 by Ord.
No. 3225.1[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection J as Subsection K.
K.
Violations and penalties. Any person violating any provision of this
chapter commits a summary offense and, upon conviction, shall be sentenced
to pay a fine of not more than $1,000 or to imprisonment for not more
than 90 days, or both. Each day that a violation exists shall constitute
a separate offense.
[Amended 6-12-2018 by Ord. No. 3225.1; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
