[HISTORY: Adopted by the Borough Council of the Borough of
Palmyra as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-24-2004 by Ord. No. 670 (Ch. VII, Part 2, of the
1975 Borough Code)]
[Added 10-27-2015 by Ord.
No. 765]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
The tending, causing to ignite or igniting of any material
to cause flame, smoke, embers, hot ash or residue, in combination
or individually.
For the purposes of this article, the following shall be
deemed to be recreational burning:
OUTDOOR GRILLAny device manufactured, designed and built for the express purpose of cooking food out of doors. Outdoor grills may be fueled only by LP or natural gas, charcoal briquettes, or wood. Wood shall include any unpainted wood or wood product.
CHIMINEAA small outdoor fireplace usually made of clay, terra cotta or metal, fueled only by wood, charcoal briquettes or LP/natural gas and must be screened to prevent flying embers and hot ash.
OUTDOOR FIREPLACEA place for building fires outside of the home. Similar in construction to an indoor fireplace, usually added to a stone, brick, or concrete patio, consisting of a firebox and a chimney usually used for cooking. An outdoor fireplace may be a decorative element, allowing homeowners to enjoy a crackling fire while entertaining in the backyard. Outdoor fireplaces shall be fueled only by wood, charcoal briquettes or natural/LP gas and must be screened to prevent flying embers and hot ash when unattended.
FIRE PITAn aboveground or below ground structure built into the ground or constructed of stones, masonry, brick or other noncombustible material for the purpose of containing and controlling a wood or charcoal fire.
[Added 9-24-2019 by Ord. No. 795]
[1]
Editor's Note: Original Section 11, Authorization in advance
for burning and fires, was repealed 10-27-2015 by Ord. No. 765.
It shall be and is hereby declared to be unlawful for any person
or entity to burn or permit to be burned any substances or maintain
or permit to be maintained any fire out of doors on any tract of land
within the Borough of Palmyra except for the following:
A.
Recreational burning as defined herein subject
to the following additional regulations:
[Amended 10-27-2015 by Ord. No. 765; 9-24-2019 by Ord. No. 795]
(1)
A fire pit shall have a maximum interior diameter of two feet or
a maximum size of two feet by two feet and shall have a fireproof
ring or wall which shall be as high as a pit is deep. Any fire pit
shall be set back at least 10 feet from all property lines, structures,
or any other combustible material. Notwithstanding the foregoing,
a masonry fireplace on a permanent foundation built into or otherwise
made a part of a wall, garage or other structure which existed on
September 1, 2019, is permitted to remain at the existing location.
Such masonry fireplaces existing on September 1, 2019, cannot be enlarged.
All masonry fireplaces constructed after September 1, 2019, must meet
all requirements of this chapter.
B.
Fires used exclusively for agricultural purposes on properties containing
a minimum of 10 acres, provided that any such burning occurs at a
distance of not less than 100 linear feet from the nearest point of
any building and not less than 100 linear feet from any boundary line
of the tract of land on which said burning occurs; and
C.
Bonfires, upon the issuance of a permit from the Borough of Palmyra,
provided that:
(1)
The fuel for the bonfire shall not be more than five feet long by
five feet wide by five feet high in dimension and shall not burn longer
than three hours. The size and duration of a bonfire shall only be
increased with the approval of the Local Emergency Management Coordinator
or the Palmyra Borough Police Department;
(2)
A portable fire extinguisher or small hoseline must be kept available
and ready for service;
(3)
Fuel for a bonfire shall consist only of seasoned, dry firewood and
shall be ignited with a small quantity of paper; and
(4)
Any such bonfire must occur at a distance of not less than 100 linear
feet from the nearest point of any building and not less than 100
linear feet from any boundary line of the tract of land on which said
bonfire occurs.
Additional restrictions may be placed on fires by the Local
Emergency Management Coordinator or the Palmyra Police Department
if it is determined that the situation is likely to constitute an
unreasonable threat to people or property. During periods of low humidity,
drought, high wind or other adverse weather conditions, the official
may restrict burning to prevent the spread of fire. The Local Emergency
Management Coordinator or the Palmyra Police Department shall have
the authority to order the extinguishment of any fire in violation
of this article or which an unreasonable threat to people or property.
[Amended 6-28-2004 by Ord. No. 672; 10-27-2015 by Ord. No. 765; 9-24-2019 by Ord. No. 795]
Any person or entity who shall violate the
provisions of this article shall, upon conviction thereof in a summary
proceeding before a Magisterial District Judge, be sentenced to pay
a fine of not less than $100 nor more than $1,000, plus costs of prosecution,
including the Borough's reasonable attorneys' fees.
