[Ord. No. 451, 9/21/2005]
Interpretation of words and phrases when used in this Part shall,
for the purpose of this Part, have meanings as indicated below except
in those instances where the context clearly indicates a different
meaning:
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
A manufactured cooking device, such as a barbecue grill,
outside fireplace, or other outdoor appliance, solely intended for
the cooking of food.
[Ord. No. 451, 9/21/2005]
1.
Except as specifically authorized under this Part or permitted by
the Borough Fire Marshal, in writing, no person shall cause, allow,
permit or maintain an outdoor bonfire or open burning on a public
or private street or right of way or on public or private property.
2.
All burning or open burning of the following is specifically prohibited:
A.
Garbage.
B.
Household, business, or industrial trash or similar waste products
of every kind or nature.
C.
Loose leaves or yard trimmings (brush, grass and similar organic
matter) on a street or on public or private property, whether in connection
with any building operation, in an open dump or otherwise, except
as otherwise permitted by this Part.
D.
Burning or open burning that results in unreasonable quantities of
dense smoke, noxious fumes, gas, soot, or cinders.
E.
Open burning that violates the provisions of the International Fire
Code (IFC), as adopted by Hatfield Borough.
F.
Burning of material, which is required to be recycled under Pennsylvania
law.
[Ord. No. 451, 9/21/2005; as amended by Ord. No. 491, 9/22/2010,
§ 13]
1.
The following instances are exceptions to the prohibition of open
burning:
A.
The outdoor cooking of food shall be permitted in or on an Underwriters
Laboratories (UL) approved open-flame cooking device, solely intended
for the cooking of food, and in strict adherence with the manufacturer's
use guidelines. Permitted open-flame cooking devices are limited to
those specifically designed for cooking with the burning of charcoal,
liquid petroleum (LP) gas, propane gas, or wood. Upon the completion
of cooking, the flame must be extinguished.
[Ord. No. 451, 9/21/2005]
1.
The Fire Marshal or his duly authorized representatives shall have
authority to grant a variance from the provisions of this Part for
reasons including, but not limited to, the following:
[Ord. No. 451, 9/21/2005; as amended by Ord. No. 501, 8/15/2012]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall 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 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 451, 9/21/2005]
To the extent the provisions of this Part are inconsistent with
the provisions of the Borough Fire Code, this Part shall be controlling.
[Ord. No. 451, 9/21/2005]
Nothing herein is intended to abrogate state law or statewide
applicable regulations dealing with open burning. To the extent that
any provision of this Part is found to be in violation of any state
law or regulation which is controlling, that provision is severed
and the remainder of this Part shall continue in full force and effect.
