[HISTORY: Adopted by the Borough Council of the Borough of Paxtang 9-18-2007 by Ord. No. 609. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A. Any container used for the purpose of burning materials as authorized herein; constructed of masonry, metal or other noncombustible rigid material; containing a bottom, sides and a cover as herein defined. Burn containers shall not be allowed to deteriorate to the point where they contain holes or are missing surface in the structure. Outdoor fireplaces shall be considered as burn containers for the purpose of this chapter.
- B. If metal drums are being used, they shall not have contained toxic or flammable or other regulated materials. They shall be free from holes in the sides and/or bottom, except that they may contain drain or vent holes in the bottom of the drum no larger than two square inches each.
- C. Outdoor grills or smokers, fired by propane, natural gas, charcoal or wood, and designed for food preparation, are acceptable as burn containers for the purpose of this chapter.
- D. A burn container shall not contain a combustion area of more than nine square feet and not to exceed two feet in height.
- BURN CONTAINER COVER
- A metal screen with spaces not more than 1/2 square inch, or other comparable material which covers the entire open area above the burn container opening. Such screen shall be maintained in good order as to prevent large particles from escaping the burn container during operation. The cover shall not be allowed to deteriorate to any point whereby it loses its maximum efficiency.
- The igniting of any material to cause flame, smoke, embers, hot ash or residue, in combination or individually.
- PERMISSIBLE BURNABLE MATERIALS
- Burnable materials shall include the following: propane, natural gas, charcoal and wood (as defined below).
- Includes any unpainted wood or wood product. Excluded and not permitted to be burned are any wood or wood products that have been chemically treated to prevent rot or moisture damage, or other similar treatment; wood products that have high glue content, such as flakeboard or composition board; and wood products in combination with any nonburnable materials.
Except as provided in § 151-7 of this chapter, no burning of any kind shall be conducted within the Borough unless that burning has as its expressed purpose either cooking, food preparation, leisure or recreational enjoyment. The burning of paper, grasses, green twigs or leaves is prohibited. Also prohibited is the burning of any materials that give off any acrid, obnoxious or toxic odors, or emit heavy smoke. Any other materials that do not comply fully with the intent of this chapter or otherwise create a nuisance to people or animals are strictly prohibited.
No person, corporation or other entity shall cause to be burned any materials not in compliance or inconsistent with this chapter.
Burning shall be permitted only in compliance with this chapter. All those persons, corporations or other entities causing fires and burning not in compliance with this chapter shall be prosecuted under the guidelines of this chapter. There shall be no burning permitted during a "red flag day," as defined and designated by the National Weather Service, with the exception of cooking on a burn container designed for food preparation.
Burning in compliance with this chapter shall be attended at all times by a responsible individual 16 years of age or older until such time as all combustion is extinguished. Unattended burning shall be in violation of this chapter, and all persons, corporations or other entities causing or allowing such unattended burning shall be prosecuted under the guidelines of this chapter.
No burn container shall be used within 15 feet of any building or structure. No burn container shall be used within 15 feet of any property line or public sidewalk area. No burn container shall be used without the proper cover in place. No burn container shall be used for any other purpose.
No burn container designed for food preparation shall be used under a roof or building protrusion, such as but not limited to a deck, porch, overhang or soffit or within six feet of any building or structure.
All burning outside of burn containers is hereby prohibited within the Borough. This chapter does not prohibit the issuance of a special burning permit by the Fire Chief whenever circumstances so dictate. Such special permits shall be issued in writing by the Fire Chief on a form provided by the Borough. In granting such permit, the Fire Chief shall determine whether or not the Fire Company shall be in attendance. Council shall determine fees for said permit by resolution as set forth on the Borough Fee Schedule.
Editor's Note: The current Schedule of Fees is on file in the Borough office and on the Borough's website.
The Borough Code Official, the Fire Chief, the Deputy Fire Chief and other individuals as designated by Borough Council are hereby granted the authority and responsibility for enforcement of this chapter. In the event any violations of this chapter are found to be in existence, these officials are hereby charged with the responsibility of issuing warnings or citations, as merited, for all violations of this chapter.
Any person, corporation or other entity who violates the provisions of this chapter shall, upon conviction, pay a fine of not more than $1,000 and the costs of prosecution and, in default therewith, undergo imprisonment in the County Prison for a period not to exceed 30 days.