[HISTORY: Adopted by the Borough Council of the Borough of East Stroudsburg
11-7-1995 by Ord. No. 1039, approved 11-7-1995.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 71, Open
Burning, adopted 3-21-1989 by Ord. No. 912, approved 3-21-1989, as amended.
As used in this chapter, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
The Borough of East Stroudsburg, Monroe County, Pennsylvania.
A fire outside of any building in which any material is burned in
the open or in a receptacle other than in a grill used for the purposes of
outside barbecues.
Any fire maintained in a commercially constructed grill or masonry
constructed grill for the purposes of heating, cooking and preparing food
for the purpose of consumption.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
Within the Borough limits, no person shall ignite, feed, cause, allow, permit or maintain on any property any open fire outside of any building for any purpose other than that specifically allowed for in § 71-3 below.
The activities prohibited in this chapter are subject to the following
exceptions:
B.
Open fires shall be permitted at any time when the same
is conducted during an official act or exercise, preapproved by the Borough
Council or the volunteer Fire Department (Acme Hose Company No. 1).
C.
Open fires shall be permitted at any time when the same
is preapproved by the Borough Council or the Acme Hose Company No. 1 for the
following purposes:
D.
It shall be lawful at any time to burn charcoal or wood
fires kindled for the purpose of outside barbecues, provided that the fire
is confined to the barbecue structure as defined in this chapter and is solely
for the heating, cooking and preparing of food.
Authority is hereby granted to the Acme Hose Company No. 1 to extinguish
any fire within the Borough of East Stroudsburg when the Fire Chief of said
Company deems that conditions warrant such action.
All other burning is strictly prohibited, with the exception of the activities in § 71-3.
[Amended 4-18-2000 by Ord.
No. 1101, approved 4-18-2000]
The Borough Council of the Borough of East Stroudsburg hereby designates
the Code Enforcement Officer, in addition to the Stroud Area Regional Police
Department and/or police officers of that Department, to have the power to
enforce the provisions of this chapter.
Any person who shall violate any of the provisions of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than $600
and, in default of payment, to imprisonment for a term not to exceed 30 days.
Each day the violation exists shall constitute a separate offense.
This chapter shall become effective 30 days after its enactment, and
the same is hereby ordained and enacted at a regular meeting of the Borough
of East Stroudsburg on this seventh day of November 1995.