Borough of Doylestown, PA
Bucks County
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Table of Contents
Table of Contents
(See Chapter 5 for BOCA Fire Prevention Code)

§ 101 Title.

[Ord. 1970-5, 8/17/1970, § 1]
This Part 2 shall be known and may be cited as the Doylestown Air Pollution Control Ordinance of 1970.

§ 102 Policy.

[Ord. 1970-5, 8/17/1970, § 2]
Whereas the Borough Council of the Borough of Doylestown, having determined that air pollution from an open fire may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of Doylestown, it is hereby declared to be the policy of the Borough of Doylestown to safeguard its citizens from such air pollution.

§ 103 Definitions.

[Ord. 1970-5, 8/17/1970, § 3; as amended by Ord. 2010-11, 9/20/2010]
The following words and phrases, when used in this Part 2, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
PERSON
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.
COUNCIL
Borough Council.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
RUBBISH
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.
TRADE WASTE
All solid or 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, provided, however, that trade waste shall not include any coal refuse associated with the mining or preparation of coal.
RECYCLABLE MATERIALS
Those materials defined as recyclable materials in Chapter 20, Part 2, of this Code of Ordinances.
REFUSE
Garbage, rubbish, trade waste, recyclable materials and leaf waste.
SALVAGE OPERATION
Any business, trade or industry engaged in whole or in part of salvaging or reclaiming any product or material, including, but not limited to, metals, chemicals, shipping containers or drums.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
FURNACE
Any enclosed device within a building, specifically designed for the burning of any material for the production of heat.
INCINERATOR
Any device within a building, specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.

§ 104 Enforcement.

[Ord. 1970-5, 8/17/1970, § 4]
The Chief of Police shall have the power and duty to enforce the provisions of this Part 2.

§ 105 Regulations.

[Ord. 1970-5, 8/17/1970, § 5]
After September 15, 1970, no person shall:
A. 
Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside of any building, or
B. 
Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his control outside of any building.
1. 
Exceptions:
A. 
Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:
1.  
The prevention of a fire hazard which cannot be abated by other means.
2.  
The protection of public health.
B. 
Open fires may be set with the approval of the authorized enforcement agent of this Part provided:
1.  
Rubbish only is burned, and
2.  
There is no practical available alternate method for the disposal of the material to be burned, and
3.  
No hazardous or other objectionable condition will be created by such burning.
C. 
Nothing herein contained shall be construed to prohibit devices such as grilles or barbecues specifically designed and used solely for outdoor cooking of food.

§ 106 Penalties.

[Ord. 1970-5, 8/17/1970, § 6; as amended by Ord. 1984-1, 2/23/1984]
Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part 1 continues shall constitute a separate offense.

§ 201 Establishment of Fire Zones and Fire Lanes on Private Property Devoted to Public Use.

[Ord. 1972-13, 11/20/1972, § 3; as amended by Ord. 1995-9, 12/18/1995, § 1]
1. 
The Borough Council of the Borough of Doylestown, upon recommendation of the Fire Chief, shall have the power to restrict and regulate the placement of any obstructions, including the parking of motor vehicles, on all parking lots, parking sites, alleys, lanes or walkways, adjacent to any building held open for public use for the purpose of providing proper egress of occupants and ingress of firefighting equipment and personnel in the event of fire. The Borough Council shall, by resolution, have the power to create such fire zones and fire lanes or to accept areas so designated by such owner of private property as fire zones and fire lanes where such property is devoted, at least in part, to public use.
2. 
It shall be unlawful for any person, firm or corporation to place any obstruction or to park a motor vehicle of any type whatsoever, or to permit or allow the placement or parking of same, in any area adjacent to any building which is held open for public use whenever such area has been designated as a fire zone or fire lane by Borough Council as herein provided and official signs giving notice thereof have been erected thereon.

§ 202 Report of Fire Zone or Fire Lane Violations by Police; Issuance of Violation Notice.

[Ord. 1978-10, 8/21/1978, § 1; as amended by Ord. 1992-6, 3/16/1992, § 4; and by Ord. 1995-9, 12/18/1995, § 1]
1. 
It shall be the duty of the police officers of the Borough of Doylestown, acting in accordance with the instructions issued by the Chief of Police, to report:
A. 
The description and location of each obstruction or vehicle which has been placed or parked in violation of any of the provisions of this Part.
B. 
The date and hour of such violation.
C. 
The State license number of any vehicle involved.
D. 
Any other facts and knowledge which are necessary to a thorough understanding of the circumstances attending such violation, including a determination as to the identity of the person responsible therefore.
2. 
Each such police officer shall also place on any such obstruction or vehicle a notice to the owner or operator thereof that such obstruction or vehicle has been placed or parked in violation of the provisions of this Part, and instructing such owner or operator to report at the Police Headquarters of the Borough of Doylestown in regard to such violation within 48 hours of the date and time of violation.

§ 203 Penalty for Fire Zone or Fire Lane Violation.

[Ord. 1978-10, 8/21/1978, § 1]
Any person, firm or corporation violating the parking provisions set forth in § 201(2), or aiding, abetting or assisting in the violation of any said provisions, shall, upon conviction thereof before a District Justice for the Borough of Doylestown, be sentenced to pay a fine of not less than $15 and costs of prosecution for each such violation, and, in default of payment of such fine and costs, to imprisonment in the Bucks County Prison for not more than five days.