[Ord. 1162, 11/13/2014]
From and after the effective date of this Part, no person, corporation,
partnership, association, organization or other group whatsoever (hereinafter
collectively referred to as "property owner" or "person," as applies)
shall burn any materials of any kind in the Borough of Shillington,
except as authorized by this Part or as authorized pursuant to a valid
permit issued by Berks County pursuant to county ordinances and regulations.
[Ord. 1162, 11/13/2014]
As used in this Part, the following terms shall have the meanings
indicated:
The phenomenon of combustion manifested in light, flame,
and heat.
A fire contained within a grill, outdoor barbeque, fireplace
or similar device to cook food with charcoal, natural gas or wood;
or any other fire from which the properties of combustion are emitted
directly into the air without first passing through a structural stack
or chimney and being used for the purposes of noncommercial food preparation,
light, ornament or recreation and being such maximum size and using
only such materials as authorized hereunder, and otherwise complying
with this Part, and conducted in such location, conditions, and in
a manner which contributes only a negligible amount of air contaminants.
[Ord. 1162, 11/13/2014]
1.
Permitted Receptacles/Containers. All small open fires authorized
under this Part must be contained within one of the following authorized
containments:
2.
Permitted Locations. All small open fires authorized under this Part
are only permitted in the following locations:
A.
Grills, outdoor barbeques, or fireplaces designed for and used strictly
for cooking only shall be no less than five feet from a house, structure,
inhabited area, roadway, utility, or property line.
B.
Other open fires shall be maintained in an authorized container located
not less than 10 feet from the nearest house, structure, inhabited
area, roadway, property line, utility, tree or other combustible materials.
3.
Permitted Times. All small open fires authorized under this Part
are permitted only during the hours of 10:00 a.m. to 11:00 p.m.
4.
Permitted Materials. All small open fires authorized by this Part
shall be conducted using only charcoal, natural gas, or other clean
burning fuel and dry, clean logs, twigs or other wood products. Only
smokeless fuels, or small kindling, if any, may be used to start a
fire. No painted or chemically treated woods, plastics, cardboard
boxes, paper, household waste, toxic or noxious materials, cloth,
leaves, green yard waste or other materials that tend to cause excessive
or malodorous emissions or excessive smoke may be used to start or
maintain fire.
5.
Maximum Size. In all cases, the fire shall be of such size that the
combustible material and flame are contained completely within the
perimeter of the authorized containment receptacle, and in no case
may the combustible material and flame be greater than nine square
feet in area or in excess of three feet in height above the receptacle.
6.
No Excessive Smoke, Odors, or Malodorous Emissions. No persons shall
allow or maintain a fire which creates excessive smoke, excessive
odor, or malodorous emissions. Smoke and odors shall be considered
excessive if they contribute more than a negligible amount of air
contaminants perceptible beyond the property line of the source of
the fire.
7.
Adult Supervision, Control, and Extinguishment. Only an adult property
owner or other adult authorized by the property owner shall authorize
or conduct a small open fire. The adult property owner or other adult
authorized by the property owner to conduct such a fire shall at all
times be present at and shall tend to the fire from the time it is
lit through the time of total extinguishment. Adequate means to control
and extinguish the open fire shall be readily available at all times
during any burning. Suitable covering or means of disposal of ashes
shall be provided to prevent them from becoming airborne. The adult
property owner or other authorized person supervising the fire shall
be responsible to ensure that all aspects of the fire comply with
this Part and shall ensure that the fire is completely extinguished
before that person leaves the site. Immediately upon the discovery
of any unauthorized or noncompliant fire or burning, the property
owner or other person responsible for the property on which such burning
occurs shall immediately extinguish, or cause the extinguishment of,
such burning. Proof that the defendant in any enforcement action owns
or controls the property on which open burning occurs shall be prima
facie evidence that such person has conducted, or allowed to be conducted,
such open burning.
[Ord. 1162, 11/13/2014]
1.
A Shillington police officer or other duly authorized law enforcement
officer of the Borough, the Borough's Fire Marshal, the Borough's
Fire Chief, Deputy Fire Chief(s), or the Fire Chief's designee
may, upon investigation, order that any fire be immediately extinguished,
abated, diminished, or corrected (in his or her sole discretion) if,
in the officer's sole judgment, the fire:
A.
Is emitting excessive smoke, excessive odor, or malodorous emissions;
B.
Contains prohibited materials or is using a prohibited or inadequate
containment device or mechanism;
C.
Is in a prohibited location or of a prohibited size;
D.
Is emitting sparks or hot ashes that may pose a threat to nearby
structures, trees, other combustible materials, or to the safety of
persons or property;
E.
Where its size, materials, containment, location, emissions, proximity
to structures, trees, other combustible materials, conduct of participants,
weather conditions (including, but not limited to, wind, drought,
dry or other conditions) or air quality, or other circumstances, are
such that continuation of the fire poses a risk of harm to persons
or party.
[Ord. 1162, 11/13/2014]
1.
No person, firm, or corporation shall permit, authorize, conduct,
or participate in the burning of any open fire except in compliance
with this Part.
2.
No person, firm, or corporation shall refuse to comply immediately
and fully with any order of a Shillington Police Officer or other
duly authorized law enforcement officer of the Borough, the Borough's
Fire Marshal, the Borough's Fire Chief, Deputy Fire Chief(s),
or the Fire Chief's designee to contain, control, correct, or
extinguish any fire or burning.
[Ord. 1162, 11/13/2014]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $10 nor more than the greater of $1,000 or the
maximum amount per offense permitted under law, plus costs, and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each violation of any provision of this Part
shall constitute a separate offense. In addition, in any civil enforcement
action brought by the Borough to collect unpaid fines or penalties
imposed pursuant to this Part, the Borough shall also be entitled
to collect all costs, expenses and attorneys' fees associated
with such action.
