[HISTORY: Adopted by the Council of Latrobe 4-23-1996 by Ord. No.
1996-5; amended 1-9-2017 by Ord. No. 2017-3. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention standards — See Ch. 279.
No person or persons shall burn or cause to
be burned any municipal waste, trash, lumber, leaves, straw or any
other combustible materials of any kind in or upon any streets or
alleys or upon any public property within the limits of Latrobe.
A.
Purpose. The City of Latrobe desires to permit residents to have
small recreational fires on their property in a safe manner for the
purpose of cooking food, warmth, and ceremonial purposes.
B.
FIRE
MATERIALS
SMALL RECREATIONAL FIRE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Combustion or burning of materials causing light, flame,
and heat.
Dry and clean wood, small branches, twigs, kindling, charcoal,
propane, natural gas, and any other clean burning fuel.
A fire contained within a grill, outdoor barbeque, fireplace
or similar device for the purpose of cooking food with natural gas,
propane or any other clean burning fuel, wood or charcoal; or any
other fire created for warming or ceremonial purposes within an enclosure
that is constructed from masonry, brick, stone, metal or other noncombustible
material, or other similar device that encloses and contains fire,
such as a chiminea, fireplace or commercially manufactured fire pit
designed specifically for the purpose of containing a fire.
C.
Small recreational burning.
(2)
Small recreational fires are permitted on residential lots. The materials
burned by the fire can only be of the type defined in this section.
It is a violation of this section to burn any rubbish, garbage, cardboard,
leaves, yard waste, household waste, municipal waste, construction
debris, toxic or noxious materials, cloth, plastic, treated, painted,
varnished or otherwise coated materials, or other materials that tend
to cause excessive or malodorous emissions or excessive smoke. Small
quantities of paper and cardboard may be burned as kindling.
(3)
Small recreational fires may only be conducted within fire enclosures
no larger than four feet in diameter and 13 square feet.
(4)
The size of the pile of combustible material must be less than three
feet in diameter and one foot in height.
(5)
Flammable liquids, such as gasoline or oil, shall not be used as
a starter fluid. Commercially available combustible starter fluids
are permitted and must be used in a safe manner per manufacturer's
instructions.
(6)
Small recreational fires are not permitted within 15 feet of any
house, fence, structure, roadway, utility, tree or other combustible
material, or any property line. However, small recreational fires
that are fueled by propane, natural gas or charcoal briquettes and
are housed within a commercially produced enclosure, which has been
listed by the UL as meeting UL's requirements, constructed of noncombustible
material or which were constructed by a professional as part of a
patio, may be located no closer than within 10 feet of any house,
fence, structure, roadway, utility, tree or other combustible material,
or any property line.
(7)
Small recreational fires shall be banned when the geographic area
of the City of Latrobe is under any burn ban, as designated by any
county, state or federal agencies. The use of propane or gas grills
or stoves or charcoal briquette grills for the purpose of cooking
food shall not be subject to this burn ban restriction.
(8)
All devices containing a small recreational fire shall be cleaned
and maintained on a regular basis to prevent the buildup of residual
combustible material, such as charcoal, food grease, drippings or
scraps, or other debris.
(9)
At least one person 18 years of age must:
(a)
Attend (being outside, on the property, and in line of site
of the fire) the small recreational fire at all times until the fire
is extinguished;
(b)
Ensure the fire is under control and poses no risk of spreading
outside the enclosure; and
(c)
Have a garden hose connected to a water source or other fire-extinguishing
device readily available for use to extinguish the small recreational
fire on an immediate basis.
(10)
Small recreational fires must be fully extinguished prior to
being left unattended by a person 18 years of age.
(11)
Small recreational fires shall not create a nuisance. A nuisance
is deemed to exist if the small recreational fire:
(a)
Generates flying embers that pose a hazard to a dwelling, structure,
tree or other vegetation, combustible material, roadway or utility;
(b)
Generates smoke or odors that unreasonably interfere with the
use or enjoyment of neighboring properties;
(c)
Contains prohibited materials;
(d)
Is in a prohibited location; or
(e)
Is not in compliance with this chapter, or any other chapter,
of the Code.
(12)
A police officer or firefighter may order any property to extinguish,
abate or diminish a small recreational fire deemed to be a nuisance.
(13)
No small recreational fires are permitted on Ozone Action Days.
(14)
All persons that wish to have small recreational fires shall first register with the City of Latrobe Code Enforcement Office. The registrant shall pay a registration fee to the City, which from time to time shall be determined by Council. Said registration fee shall be listed in Schedule B of Code Chapter 3. An applicant's registration shall terminate upon the earliest occurrence of one of the following events: if an applicant/registrant violates this Chapter 262 more than three times during the length of the permit, at the death of the applicant/registrant, when the applicant/registrant no longer resides at the property subject to the registration, or on the day following the fifth year after the issuance of the registration. Applicants/ registrants whose registration terminates by virtue of the five-year time requirement shall be permitted to reapply for registration under this section. Persons who have and/or operate a small recreational fire without a valid permit, due to termination of the permit or otherwise, shall be subject to a fine in the amount of $50, and shall be subject to the provisions of §262-3. Said fine may be issued by the Code Enforcement Officer, Manager, and officers of the Police Department, or their designees. Fines shall be issued by posting a notice of violation and fine conspicuously on the residence of the registrant., identifying that they violated this chapter, citing the specific date, time and nature of the violation, and that they have five days to pay said fine at the City Municipal Building. The notice shall include a notification of right to appeal the fine. Said appeal shall be made within five days of the issuance of the fine and shall accompany payment of the fine. City Council shall hear the said appeal at their next regularly scheduled business meeting of City Council which is more than seven days following the date of said appeal. The appellant shall be present at said meeting of Council. If the appellant is not present, the appeal shall be denied. If the appeal is granted, the fine shall be returned.
[Amended 8-12-2019 by Ord. No. 2019-8]
Any person who violates any provision of this
chapter shall be guilty of a summary offense for each day of violation
and, upon conviction, shall be required to pay a penalty for the use
of Latrobe in a sum not to exceed $600, together with costs of prosecution,
and in default of such payment shall undergo imprisonment for not
more than 30 days.
