[HISTORY: Adopted by the Borough Council of the Borough of Sellersville 8-10-2015 by Ord. No. 702. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 60, Burning, Outdoor, adopted 4-10-2006 by Ord. No. 649.
Except as set forth in § 60-2, the provisions of this chapter shall apply to any fire or open flame outside of any building in the Borough of Sellersville.
The provisions of this chapter shall not apply to:
It shall be unlawful for any person to ignite, feed, cause, allow, permit, or maintain any fire or open flame in or on any public street, sidewalk, alley, right-of-way, park, or any other public property.
Except as set forth in § 60-5, it shall be unlawful for any person to ignite, feed, cause, allow, permit, or maintain any fire or open flame in or on any private property.
The following types of fires shall be permitted in or on any private property:
Fires in a commercially constructed grilling appliance fueled by charcoal, propane, or natural gas for the purpose of grilling or cooking food.
Fires fueled by the burning of clean wood, subject to all of the following conditions and limitations:
The fire is fully contained within a noncombustible fireplace, chiminea, metal fire ring, or similar noncombustible container, or, if on the ground, is enclosed with stones, bricks, or other noncombustible material designed to ensure the fire will not spread from its confines, and have a screen of half-inch or smaller mesh:
The fire is no larger than three feet across;
The fire is no closer than 15 feet from any building or structure or any combustible materials;
The fire is no closer than 20 feet from any property line;
The fire is attended to at all times by a responsible adult;
A water hose, fire extinguisher, or other suitable means of extinguishing the fire is readily available and sufficient to extinguish the fire; and
No fires are permitted at any time the Borough of Sellersville is under a Red Flag Warning.
As used in this chapter, the following terms shall have the meanings indicated:
- CLEAN WOOD
- Natural wood that is dead, dry, or sufficiently seasoned so as not to cause excessive smoke and has not been painted, varnished, or coated with any similar material, has not been pressure treated with preservatives, and does not contain resins or glues as is commonly found in plywood or other composite wood products.
- RED FLAG WARNING
- A forecast warning issued by the United States National Weather Service to warn the public that critical weather and fuel moisture conditions exist that could lead to rapid increases in wild fire activity. Red Flag Warnings are posted at http://weather.gov/phi.
- RESPONSIBLE ADULT
- An individual 18 years of age or older who is not under the influence of drugs or alcohol or suffering from any physical or mental impairment which could impair such person's ability to safely and properly supervise a fire.
[Amended 10-12-2015 by Ord. No. 703]
This chapter shall be enforced by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A person convicted of violating this chapter shall be sentenced to pay a fine not to exceed $1,000 per violation, plus court costs and reasonable attorneys' fees incurred by the Borough of Sellersville, or to imprisonment for not more than 90 days, or both. Violations of more than one provision of this chapter shall constitute separate violations. Each day that a violation of any provision of this chapter continues or occurs shall constitute a separate violation.