[HISTORY: Adopted by the Borough Council of the Borough of Muncy 10-7-2008 by Ord. No. 496. Amendments noted where applicable.]
Zoning — See Ch. 286.
This chapter is adopted pursuant to authority granted by 8 Pa.C.S.A. §§ 1202(3), (4), (5), and (16) of the Borough Code.
This chapter is adopted to promote and protect the health, safety, and general welfare of the residents of the Borough by limiting outdoor burning. The open burning of paper, trash, or other inflammable material or the use of an outdoor furnace are deemed to create fire and environmental hazards and must be regulated. In addition, outdoor burning may create nauseous, irritation or noxious fumes.
No person shall burn outdoors any garbage, refuse, plant material, leaves, brush, rubbish, paper, plastic, cloth, metal, furniture, car products, or any other material, nor use of an outdoor furnace.
Nothing in § 121-3 of this chapter shall be construed to prohibit the burning of paper, wood, charcoal, or related materials for:
The purpose of cooking or preparing food;
Ceremonial purposes, such as school or community bonfires upon the obtaining of a permit;
The purpose of smoking tobacco products; or
Celebrations using devices such as sparklers, flares, and devices otherwise not classified as fireworks and prohibited by the laws of the Commonwealth of Pennsylvania which are commonly used for celebration.
Any person, partnership, association, organization, or corporation desiring to make or set a bonfire for celebration purposes or set fire for any other purpose prohibited by this chapter may do so only if the same is permitted by the Borough's Police Department on a form to be produced by the Borough Police Department. The form shall be one page in length and entitled "Permit for Burning" and contain the name, address, and telephone number of the person, organization, or corporation requesting a permit for burning. The form shall contain the reason for the request for a permit for burning and the date, location, and type of burning proposed. The Chief of Police of the Borough's Police Department shall have the power to grant said permit once the permit form is completed provided that the form is completed and presented for signature before the Chief of Police at least 30 days before the proposed date of burning. The permit shall be valid for a period of no more than 36 hours from 12:01 a.m. on the date of the proposed burning. The permit for burning shall be produced in triplicate: one copy shall be retained by the person, partnership, association, organization, or corporation requesting the permit, one copy shall be retained by the Borough's Police Department, one copy shall be forwarded to the Chief of Keystone Hook and Ladder Co., at least 20 days before the proposed burning.
A fire may be set or maintained in the performance of an official duty of any public official if the fire is necessary for:
The Mayor, during periods of drought or other dry conditions, may issue a fire warning and prohibit all burning within the Borough or restrict or limit the types of burning permitted not withstanding §§ 121-4, 121-5 and 121-6 of this chapter. The prohibition may also include the discharge or ignition of flares or sparklers and other devices otherwise not classified as fireworks and controlled as such by the laws of the Commonwealth of Pennsylvania. Notice of such drought or emergency conditions and the prohibition or restriction of outdoor burning shall be advertised one time in a newspaper of general circulation within the Borough. Violations of drought or emergency prohibitions shall constitute a violation of this chapter and shall be subject to the penalties provided herein.
Any person, partnership, association, organization, or corporation who violates any provision of this chapter shall be guilty of an offense; and, for every such violation, upon conviction, shall be sentenced to pay a fine of not less than $50 or more than $1,000 and costs of prosecution; and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Any person, partnership, association, organization, or corporation found to violate the provisions of this chapter, where a fire company responds, shall, in addition, be required to pay a fee to the fire company in an amount equal to the costs of extinguishment, but in no event less than $50. Each day on which a violation exists or continues shall constitute a separate offense.