[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown 7-2-2012 by Ord. No.
773. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 200.
This chapter shall be known and may be referred to as the "Hellertown
Borough Open Burning Ordinance."
This chapter is being adopted to promote the public health,
safety and welfare within the Borough of Hellertown and to secure
the safety of persons and property within the Borough by regulating
open burning and providing penalties for the violation of such regulations.
As used in this chapter, the following terms shall have the
meanings indicated in this section:
An outdoor fire utilized for ceremonial purposes.
The burning of any materials for profit or the burning of
any materials at a commercial site associated with the business, trade
or profession being conducted on that site.
Any fire contained in an incinerator, burn barrel, fireplace
or cooking grill or other contained enclosure designated for outdoor
cooking or in a fireproof container.
The Fire Chief of the Borough of Hellertown and any member
of the Hellertown Police Department and the Hellertown Borough Code
Enforcement Officer shall be designed enforcement officers under this
chapter. Any citation must be issued by a police officer.
Any fire set and maintained outside of a building at any
stage, including, but not limited to, smoldering or open flame.
The burning of any materials wherein products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney from an enclosed chamber. For the purpose of this
definition, a chamber shall be regarded as enclosed when, during the
time combustion occurs, only apertures, ducts, stacks, flues or chimneys
necessary to provide combustion air and permit the escape of exhaust
gas are open.
Any individual, organization, corporation, partnership, governmental
agency, association or other legal or commercial entity.
An outdoor fire utilized to cook food for human consumption.
Any fire not included in the definition of a "contained fire"
or a "recreational fire."
It shall be unlawful for any person to cause or allow open burning
and commercial burning within the municipal boundaries of the Borough
of Hellertown except as is provided for in this article. No person
or persons, partnership, firm or corporation or other legal entity
shall burn in the open or in any container trash, refuse, paper, leaves,
branches, twigs, wood, metal or other waste materials of any kind
whatsoever, including weeds, crops or other vegetable matter, whether
living or dead, within the limits of the Borough of Hellertown.
A.
Open burning
shall be allowed in the following instances without obtaining a permit
from the Borough of Hellertown:
(1)
Any
recreational fire, including to cook or prepare food, provided that
said fire is contained in a fireproof container, which shall include
but not be limited to a patio stove, cooking grill, chimineas or factory-built
novelty stoves.
(2)
If
smoke, ash or smell emitting from such patio stove, cooking grill,
chimineas, or factory-built novelty stoves becomes objectionable or
offensive to neighboring properties, the Fire Official, police or
code enforcement officers may suspend the operation of same.
(3)
Materials
may be burned by the Borough Fire Department for training of its members
only. Said burning, however, shall be permitted in specifically designated
areas which receive prior approval of Borough Council and which locations
shall not be near or in close proximately to any streets.
B.
Open burning
shall be allowed in the following instances only after a permit is
obtained from the Borough of Hellertown:
(1)
Bonfires
for ceremonial purposes, provided Borough Council receives written
notice and issues an approval at least 30 days prior to the date of
the bonfire. No fee shall be charged for the issuance of a permit
as set forth below.
C.
At no time
shall any open burning be allowed to occur unattended without a reasonable
adult being present at all times or without a sufficient water source
and/or fire extinguishers available to extinguish the fire.
At the order of the Borough, with the recommendation of the
Fire Chief, all open burning shall cease immediately due to dry conditions
which could cause a threat to the community. Any such prohibition
will be published in a newspaper of local circulation. In addition,
any open burning ban instituted by the County of Northampton shall
supersede the provisions of this chapter.
Any person, whether as principal, agent or employee, or otherwise,
violating or assisting in the violation of any of the provisions of
this chapter shall, upon conviction thereof by summary proceedings
before any Magisterial District Judge, be sentenced to pay a fine
of not less then $300 nor more than $1,000 together with the costs
of prosecution. Each violation of any provision of this chapter shall
constitute a separate offense, for which a summary conviction may
be sought.
The Borough of Hellertown and its agents, officials and representatives
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the provisions of this
chapter or by reason of conduct of any burning activity in compliance
with the terms and provisions of this chapter. The individual person
or party responsible for any such fire shall bear sole liability for
any damages caused as a result thereof
