[HISTORY: Adopted by the Borough Council of the Borough of
Zelienople 6-10-2002 by Ord. No. 748 (Ch. 7, Part 1, of the 1995 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The burning of any materials within a container of such a
nature, character, size and construction to minimize the likelihood
of escaping burning material or embers, and wherein products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney from an enclosed chamber. 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.
Whether open or in a container:
An outdoor fire utilized for ceremonial purpose.
An outdoor fire used for the recreational purpose of cooking
food for human consumption.
An outdoor fire not more than five feet in diameter and not
more than five feet in height and shall not burn longer than three
hours.
An outdoor fire fueled by seasoned dry firewood and ignited
with a small quantity of paper.
The burning of:
Forms of plastics, Styrofoam or other materials which create
thick, black smoke when burned.
Building materials, with the exception of scrap wood; however,
Wolmanized® scrap wood may not be burned.
Tires.
Leaves, with the exception of leaf burning as conducted by the
Borough on a periodic basis.
Petroleum products and other flammable chemicals.
Garbage/refuse/solid waste created in the daily conduct of a
business or by a residence.
Exclusions. Paper, wood (except Wolmanized® wood) and shrub/tree
branches are excluded from the definition of "refuse burning."
A.
Only recreational burning/bonfires and container burning is permitted
within the Borough.
B.
Burning in traditional charcoal or gas barbecue grills for food preparation
is permitted and is excepted from the limitations herein.
C.
Refuse burning is specifically prohibited.
D.
Any burning, including recreational burning/bonfires, which in the
opinion of the enforcement officer is offensive or objectionable due
to smoke or odor emissions and/or when atmospheric conditions or local
circumstances make such fires hazardous, may be prohibited.
A.
Container burning is permitted within the Borough only on Tuesday,
Thursday and Saturday, holidays excluded.
B.
Recreational burning/bonfires are permitted within the Borough on
any day.
C.
Refuse burning is prohibited at all times within the Borough.
D.
All container fires, specifically excluding recreational burning/bonfires,
shall not occur before dawn and must be extinguished so as not to
produce any smoke, smoldering fires or glowing embers by one hour
before sunset.
The location for burning of any nature, except traditional charcoal
and gas grills used for food preparation, shall not be less than 50
feet from any structure, and provisions shall be made to prevent the
fire from spreading to within 50 feet of any structure.
Upon motion by Borough Council of the Borough, all burning may
be banned within the Borough as needed and upon the recommendation
of the Fire Chief of the Borough.
All recreational burning/bonfires must be supervised at all
times by competent adults.
The fire regulations as adopted herein shall be enforced under
the supervision of the Fire Chief of the Borough with enforcement
by the Borough's Code Enforcement Officer, the Borough police
officers and the Borough Fire Chief.
Any person, firm or corporation or other entity who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Any ongoing violation may be subject to daily penalty for
each day which the violation continues. The imposition of one penalty
for any violation shall not excuse the violation or permit it to continue,
and all such persons or other entities so convicted shall be required
to correct or remedy such violations immediately. The application
of the above penalty shall not be held to prevent the enforced removal
of prohibited conditions.