Borough of Milton, PA
Northumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Milton 4-22-2015 by Ord. No. 1196.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 99.
Fire prevention — See Ch. 133.
Parks and recreation areas — See Ch. 169.
Solid waste — See Ch. 204.
[1]
Editor's Note: This ordinance also repealed former Ch. 111, Burning, Outdoor, adopted 7-15-1981 by Ord. No. 872, as amended.

§ 111-1 General purpose.

In the interest of providing for the health, safety, welfare, and economic benefit of the residents of the Borough, and in the interest of providing for the prevention of harmful and unwanted air pollution, and providing for and promoting the responsible recycling and/or disposal of municipal waste of all types, the Milton Borough Council has determined to restrict the indoor or outdoor burning of municipal waste materials, including but not limited to the following: construction or demolition materials, garbage, recyclable materials, rubbish, vegetation of all types, solid waste, refuse, or rubbish.

§ 111-2 Definitions.

For the purpose of this chapter, all definitions shall be as stated in the Definitions Ordinance of the Borough.[1]
[1]
Editor's Note: See Ch. 2, Definitions.

§ 111-3 Prohibited activity.

Except as hereinafter provided, the indoor or outdoor burning of all materials, including but not limited to the following: garbage, municipal waste materials, debris from construction or demolition, vegetation of all types, solid waste, refuse, recyclable materials, and rubbish is hereby prohibited within the Borough limits.

§ 111-4 Permissible activity.

The following activities are permissible under this chapter with the following provisions:
A. 
Generation of domestic or industrial heating source. The indoor or outdoor combustion of materials for the sole purpose of providing for residential, commercial or industrial heat, provided that such burning is in compliance with this chapter and with the following requirements:
(1) 
Burning shall be conducted in a device specifically designed and constructed for such purpose and used in accordance with the manufacturer's specifications.
(2) 
The emission of airborne burning material is restricted.
(3) 
The installation and operation of all related equipment is in compliance with all Borough, county, state, or federal regulations.
(4) 
The use does not create smoke or fumes or a safety hazard, such as to cause harm to nearby residents or personal property.
B. 
Charcoal or wood food preparation fires. Outdoor charcoal or wood fires kindled for the sole purpose of outdoor food preparation, provided that such fires are in compliance with the following requirements:
(1) 
The fire is contained in a structure designed and constructed specifically for such purpose, and the fire and all residual embers or ash are contained in such a manner as to prevent any burning material from falling outside the container or onto the ground.
(2) 
The fire is kindled no more than one hour prior to cooking and are extinguished within one hour following the completion of the cooking process.
(3) 
The fire is under constant supervision by a person age 16 years or older present on the property.
(4) 
The emission of airborne burning material is restricted.
(5) 
The device containing the fire is placed a safe distance from any building, structure, fence, vehicle, or other combustible item or material, and placed at least five feet from any adjacent property line, public sidewalk, public street, or public alley.
(6) 
The fire does not create smoke or fumes or a safety hazard, such as to cause harm to nearby residents or personal property.
C. 
Decorative lighting devices. The use and burning of decorative outdoor solid, gas, or liquid fuel heating or lighting devices, such as candles, patio torches, natural or propane gas fireplaces or fire rings, is permitted, provided that the use of such is in compliance with the following requirements:
(1) 
The fire is contained in a device specifically designed and constructed for such purpose.
(2) 
The use does not create smoke or fumes or a safety hazard, such as to cause harm to nearby residents or personal property.
(3) 
The devices are not permitted to continue to burn during periods in which a person(s) is not present at the property where they are being used.
(4) 
Not permitted under this section is the recreational or aesthetic use of campfires, fire pits, chiminea-type devices, or other similar structures which produce smoke, embers, or ash, except as permitted as cooking fires as previously stated within this chapter.
D. 
Emergency services operations.
(1) 
A fire kindled to prevent or abate a fire hazard, when conducted as part of an operation of a recognized emergency services operation by a trained and authorized emergency services agency of the federal, state, county, or Borough government.
(2) 
Any fire kindled for the purpose of instructing emergency services personnel in firefighting, when conducted in compliance with all regulatory policies of the federal, state, county, or Borough government.
E. 
Activity approved by Borough council. Any fire kindled as part of an activity approved and permitted by the Borough Council as part of a recreational, sports, or organized group activity provided that such fire does not violate any county, state, or federal regulations. Prior to the activity, the sponsoring organization must deliver to the Borough a certificate of insurance showing insurance coverage for the event at values which meet established Borough policy.

§ 111-5 Violations and Penalties.

A. 
Notification of violation. Notification of any violation of this chapter shall be made in accordance with the Ordinance Violation Penalties Ordinance of the Borough.[1]
[1]
Editor's Note: See Ch. 1, Art. II, General Penalty.
B. 
Penalties. Penalties for a violation of this chapter shall be imposed and assessed in accordance with the Violation Ordinance of the Borough of Milton.[2] An initial violation shall be considered a Level One violation and each subsequent violation penalty shall be in accordance with the Ordinance Violation Penalties Ordinance of the Borough. In the event the violation also constitutes a violation of the Pennsylvania Criminal Code, additional penalties and consequences may be assessed in accordance with that Code.
[2]
Editor's Note: See Ch. 1, Art. II, General Penalty.