[HISTORY: Adopted by the Borough Council of the Borough of
Milton 4-22-2015 by Ord. No. 1196.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 99.
Fire prevention — See Ch. 133.
Parks and recreation areas — See Ch. 169.
Solid waste — See Ch. 204.
[1]
Editor's Note: This ordinance also repealed former Ch.
111, Burning, Outdoor, adopted 7-15-1981 by Ord. No. 872, as amended.
In the interest of providing for the health, safety, welfare,
and economic benefit of the residents of the Borough, and in the interest
of providing for the prevention of harmful and unwanted air pollution,
and providing for and promoting the responsible recycling and/or disposal
of municipal waste of all types, the Milton Borough Council has determined
to restrict the indoor or outdoor burning of municipal waste materials,
including but not limited to the following: construction or demolition
materials, garbage, recyclable materials, rubbish, vegetation of all
types, solid waste, refuse, or rubbish.
For the purpose of this chapter, all definitions shall be as
stated in the Definitions Ordinance of the Borough.[1]
Except as hereinafter provided, the indoor or outdoor burning
of all materials, including but not limited to the following: garbage,
municipal waste materials, debris from construction or demolition,
vegetation of all types, solid waste, refuse, recyclable materials,
and rubbish is hereby prohibited within the Borough limits.
The following activities are permissible under this chapter
with the following provisions:
A.
Generation of domestic or industrial heating source. The indoor or
outdoor combustion of materials for the sole purpose of providing
for residential, commercial or industrial heat, provided that such
burning is in compliance with this chapter and with the following
requirements:
(1)
Burning shall be conducted in a device specifically designed and
constructed for such purpose and used in accordance with the manufacturer's
specifications.
(2)
The emission of airborne burning material is restricted.
(3)
The installation and operation of all related equipment is in compliance
with all Borough, county, state, or federal regulations.
(4)
The use does not create smoke or fumes or a safety hazard, such as
to cause harm to nearby residents or personal property.
B.
Charcoal or wood food preparation fires. Outdoor charcoal or wood
fires kindled for the sole purpose of outdoor food preparation, provided
that such fires are in compliance with the following requirements:
(1)
The fire is contained in a structure designed and constructed specifically
for such purpose, and the fire and all residual embers or ash are
contained in such a manner as to prevent any burning material from
falling outside the container or onto the ground.
(2)
The fire is kindled no more than one hour prior to cooking and are
extinguished within one hour following the completion of the cooking
process.
(3)
The fire is under constant supervision by a person age 16 years or
older present on the property.
(4)
The emission of airborne burning material is restricted.
(5)
The device containing the fire is placed a safe distance from any
building, structure, fence, vehicle, or other combustible item or
material, and placed at least five feet from any adjacent property
line, public sidewalk, public street, or public alley.
(6)
The fire does not create smoke or fumes or a safety hazard, such
as to cause harm to nearby residents or personal property.
C.
Decorative lighting devices. The use and burning of decorative outdoor
solid, gas, or liquid fuel heating or lighting devices, such as candles,
patio torches, natural or propane gas fireplaces or fire rings, is
permitted, provided that the use of such is in compliance with the
following requirements:
(1)
The fire is contained in a device specifically designed and constructed
for such purpose.
(2)
The use does not create smoke or fumes or a safety hazard, such as
to cause harm to nearby residents or personal property.
(3)
The devices are not permitted to continue to burn during periods
in which a person(s) is not present at the property where they are
being used.
(4)
Not permitted under this section is the recreational or aesthetic
use of campfires, fire pits, chiminea-type devices, or other similar
structures which produce smoke, embers, or ash, except as permitted
as cooking fires as previously stated within this chapter.
D.
Emergency services operations.
(1)
A fire kindled to prevent or abate a fire hazard, when conducted
as part of an operation of a recognized emergency services operation
by a trained and authorized emergency services agency of the federal,
state, county, or Borough government.
(2)
Any fire kindled for the purpose of instructing emergency services
personnel in firefighting, when conducted in compliance with all regulatory
policies of the federal, state, county, or Borough government.
E.
Activity approved by Borough council. Any fire kindled as part of
an activity approved and permitted by the Borough Council as part
of a recreational, sports, or organized group activity provided that
such fire does not violate any county, state, or federal regulations.
Prior to the activity, the sponsoring organization must deliver to
the Borough a certificate of insurance showing insurance coverage
for the event at values which meet established Borough policy.
B.
Penalties. Penalties for a violation of this chapter shall be imposed
and assessed in accordance with the Violation Ordinance of the Borough
of Milton.[2] An initial violation shall be considered a Level One violation
and each subsequent violation penalty shall be in accordance with
the Ordinance Violation Penalties Ordinance of the Borough. In the
event the violation also constitutes a violation of the Pennsylvania
Criminal Code, additional penalties and consequences may be assessed
in accordance with that Code.
