[HISTORY: Adopted by the Borough Council of the Borough of Moosic at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 24.
Fire prevention — See Ch. 154.
Fire insurance claims — See Ch. 170, Art. I.
Nuisances — See Ch. 206.
Solid waste — See Ch. 255.
The purpose the Borough of Moosic in adopting this chapter is to regulate and prohibit the burning, ignition and combustion of rubbish, garbage and other materials within the Borough of Moosic to promote and protect the health, safety and welfare of the citizenry.
As used in this chapter, the following terms have the meanings indicated, unless otherwise expressly stated:
BOROUGH
The Borough of Moosic, Lackawanna County, Pennsylvania.
BOROUGH COUNCIL
The members of the Borough Council of the Borough of Moosic, Lackawanna County, Pennsylvania.
BOROUGH SECRETARY
The duly appointed Secretary to the Borough Council of the Borough of Moosic, Lackawanna County, Pennsylvania.
BUILDING
A man-made structure, whether it is permanent or temporary, utilized for sheltering people, animals, property or business activity. The term "building" and the term "structure" are used interchangeably in this chapter.
BURN
To ignite or set on fire any material for the purposes of disposing/reducing such material, creating heat or creating light.
FIRE DEPARTMENT
Any chartered volunteer fire department of the Borough of Moosic, Lackawanna County, Pennsylvania.
FIREPIT
A pit dug into the ground or made from stones, masonry or metal for keeping a fire used in cooking or warmth.
[Added 10-11-2022 by Ord. No. 9-2022]
GARBAGE
Any discarded part of vegetables, fruit, meat or other food substances, both liquid and solid, which are subject to decay, which result from the handling, preparation, cooking, serving or consumption of food and food containers.
GRILL
A gated utensil used for broiling food over a fire.
[Added 10-11-2022 by Ord. No. 9-2022]
NAUSEOUS OR NOXIOUS FUMES
Gases, smoke or fumes resulting from burning which are harmful or injurious to the health or physical well-being of persons or that cause sickness of persons.
NONRESIDENTIAL BUSINESS OPERATIONS
Any business, operation or establishment which is nonresidential by nature, including commercial, institutional or industrial operations. A “commercial establishment” is any business or operation which is engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters. An “industrial establishment” is any business or operation which is engaged in manufacturing and industrial processes, including but not limited to factories, mills and refineries. An “institutional establishment” is any organization devoted to the promotion of a public, educational or charitable character, including but not limited to public buildings, hospitals, nursing homes, orphanages, schools and universities.
NUISANCE
The igniting, setting or maintenance of a fire in a manner which is not in compliance with the rules and regulations of this chapter.
PERSON
Any natural person, partnership, firm, company or corporation.
POLICE DEPARTMENT
The Police Department and its officers and employees of the Borough of Moosic, Lackawanna County, Pennsylvania.
REFUSE
Garbage, rubbish and trade waste.
[Added 10-11-2022 by Ord. No. 9-2022]
RESPONSIBLE ADULT
Any individual person over the age of 18 years of age who is mentally competent.
RUBBISH
Any discarded waste materials, including but not limited to scrap, metal, furniture, windows, boxes, crockery or paper, but not including garbage or dead animals.
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 fo1111S of solid or liquid waste materials.
[Added 10-11-2022 by Ord. No. 9-2022]
WOOD
The hard fibrous material that forms the main substance of the trunk or branches of a tree or shrub, including, but not limited to, tree branches, timber, boards, tree logs, kindling, charcoal and other similar items.
[Added 10-11-2022 by Ord. No. 9-2022]
A. 
It shall be unlawful for any person to burn, ignite or cause to be burned any material within the Borough, except as provided otherwise hereinafter.
[Amended 10-11-2022 by Ord. No. 9-2022]
B. 
Any person who shall violate any of the rules and regulations of this section shall be guilty of creating and/or maintaining a nuisance.
[Amended 10-11-2022 by Ord. No. 9-2022]
A. 
No person shall burn, ignite or cause to be burned any rubbish, garbage or any other material within the right-of-way of any public street, alley, road or public way.
B. 
No person shall burn, ignite or cause to be burned any garbage, rubbish, refuse or trade waste on any private land or public land within the Borough of Moosic, whether or not such burning occurs within the confines of a building or outside the confines of a building.
C. 
No person shall burn, ignite or cause to be burned any wood or wood products on any private land or public land within the Borough of Moosic, outside the confines of a building, except as otherwise set forth herein.
D. 
No nonresidential business or operation, including, but not limited to, commercial, institutional, or industrial establishments, shall burn, ignite or cause to be burned any materials, whether the materials are garbage, refuse, wood, trade waste or rubbish, or whether it is inside or outside the confines of a building, unless such an establishment has a permit from the Pennsylvania Department of Environmental Protection, or any successor agency, to burn such materials.
[Added 10-11-2022 by Ord. No. 9-2022]
Nothing contained in § 112-4 and this section herein shall be construed to apply to the use of any standard, commercially designed, noncombustible grill used for the noncommercial preparation of food to be consumed on the premises; or any firepit that is fully contained within a screened chimney or an aboveground firepit with screens subject to the following restrictions:
A. 
Any grill or firepit used within the Borough shall be constructed and operated in a safe manner and shall not be located closer than 20 feet to any building, structure or property line.
B. 
Only clean seasoned firewood or charcoal may be burned. No burning of trash, leaves, brush, and pressure-treated wood or painted wood is permitted.
C. 
All openings in the container or firepit must be covered with wire mesh or other noncombustible screening materials that will prevent the passage of sparks or embers.
D. 
All fires shall be constantly attended by at least one adult person until they are completely extinguished. A minimum of one portable fire extinguisher with a minimum 4A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrels, water bucket or garden hose shall be available for immediate utilization.
E. 
No such fire or container may be used on any porch, deck, balcony or other portion of a building.
F. 
Fires are not permitted during adverse wind and weather conditions.
G. 
Fires shall not be permitted to smolder.
H. 
All open fires as set forth herein shall be extinguished no later than 11:00 p.m.
[Amended 4-11-2023 by Ord. No. 6-2023]
I. 
Any fire permitted to burn in an unsafe manner under adverse weather conditions, unsupervised, determined unsafe by the Fire Chief or police officers(s), or in violation of any provision of this chapter shall be extinguished immediately upon demand by such official.
J. 
No provision of this section shall be interpreted to prohibit burning of appropriate fuels in residential fireplaces, barbecues, grills, or small recreational fires that are fully contained within a screened chiminea or an aboveground firepit with screens.
K. 
In the event there is a question as to the safety of the operation or construction of any grill or firepit within the Borough, the Fire Chief or officer of one of the local fire departments shall be consulted to inspect said structure.
No person shall deliberately set a fire for the purpose of removing, razing or tearing down an existing building or structure.
[Amended 4-11-2023 by Ord. No. 6-2023]
The enforcement of the rules and regulations of this chapter shall be carried out by the Police Department or the Code Enforcement Officer of the Borough of Moosic with assist if needed from the Fire Department of the Borough of Moosic.
A. 
Any person who has ignited a fire contrary to the rules and regulations of this chapter shall, upon notice by an officer of the Police Department or a member of the Fire Department or the Code Enforcement Officer, immediately extinguish the fire.
B. 
If, after being brought to the attention of the Police Department or Code Enforcement Officer, an officer of the Police Department or the Code Enforcement Officer observes that a person has maintained or permitted the maintenance of a nuisance or has violated any provision of this chapter, an officer of the Police Department or the Code Enforcement Officer may at the discretion of the police officer or Code Enforcement Officer issue a warning notice, except as noted in § 112-8 of this chapter, to the person or persons who have maintained or permitted the maintenance of such a nuisance or have violated any provision of this chapter.
[Amended 4-11-2023 by Ord. No. 6-2023]
C. 
The warning notice shall state, at a minimum, the date of the violation, the location of the violation, the person who is being issued the violation notice, the nature of the violation and the sections which define the violation.
D. 
The warning notice shall be delivered in at least one of the following manners:
(1) 
Hand-delivered to the person who has maintained or permitted the violation to occur.
(2) 
Mailed via United States mail service to the person who has maintained or permitted the violation to occur.
E. 
Persons who do not immediately discontinue the violation of this chapter or who are repeat offenders, as defined in § 112-8 of this chapter, shall be issued a citation by an officer of the Police Department or the Code Enforcement Officer.
[Amended 4-11-2023 by Ord. No. 6-2023]
F. 
Factors to be considered by the Police Department and/or Code Enforcement Officer in determining the existence of a nuisance are as follows:
[Added 4-11-2023 by Ord. No. 6-2023]
(1) 
Smoke entering neighboring structures.
(2) 
Excessive flame heights.
(3) 
Flying embers onto neighboring properties.
(4) 
Smoldering fires left unattended.
(5) 
Unattended fires.
[Amended 4-11-2023 by Ord. No. 6-2023]
Persons who have been given a warning notice on one or more than one occasion with respect to violations described in this chapter may, at the discretion of the officers of the Police Department or the Code Enforcement Officer, be issued a citation for violating this chapter rather than first issuing a warning notice that continued violations of this chapter exist.
Any regulations by the Commonwealth of Pennsylvania or the government of the United States of America pertaining to burning of any materials shall supersede the rules and regulations of this chapter where such rules and regulations are more stringent than the rules and regulations of this chapter. Where the rules and regulations of this chapter are more stringent than the rules and regulations of either the Commonwealth of Pennsylvania or the government of the United States of America, the rules and regulations of this chapter shall control.
Any fire training conducted by the Borough Fire Department or another recognized public fire-fighting organization shall not be bound by the rules and regulations of this chapter when such organization is conducting fire-fighting training.
Any person who violates any provision of this chapter shall, upon conviction thereof, pay a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, be sentenced to imprisonment for a term not to exceed 30 days. Every day that a violation continues shall constitute a separate violation.
The remedies provided herein for the enforcement of this chapter or any other remedy provided by law shall not be mutually exclusive. Rather, any and all remedies may be applied simultaneously or consecutively at the option of the Borough Council.