City of Latrobe, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of Latrobe 4-23-1996 by Ord. No. 1996-5; amended 1-9-2017 by Ord. No. 2017-3. Subsequent amendments noted where applicable.]
Fire prevention standards — See Ch. 279.
No person or persons shall burn or cause to be burned any municipal waste, trash, lumber, leaves, straw or any other combustible materials of any kind in or upon any streets or alleys or upon any public property within the limits of Latrobe.
Purpose. The City of Latrobe desires to permit residents to have small recreational fires on their property in a safe manner for the purpose of cooking food, warmth, and ceremonial purposes.
Definitions. As used in this section, the following terms shall have the meanings indicated:
Combustion or burning of materials causing light, flame, and heat.
Dry and clean wood, small branches, twigs, kindling, charcoal, propane, natural gas, and any other clean burning fuel.
A fire contained within a grill, outdoor barbeque, fireplace or similar device for the purpose of cooking food with natural gas, propane or any other clean burning fuel, wood or charcoal; or any other fire created for warming or ceremonial purposes within an enclosure that is constructed from masonry, brick, stone, metal or other noncombustible material, or other similar device that encloses and contains fire, such as a chiminea, fireplace or commercially manufactured fire pit designed specifically for the purpose of containing a fire.
Small recreational burning.
No persons shall burn any materials of any kind on private property except as authorized by this chapter, Chapter 271, 273, 275 or 279, or otherwise permitted by the Code, state law or federal law.
Small recreational fires are permitted on residential lots. The materials burned by the fire can only be of the type defined in this section. It is a violation of this section to burn any rubbish, garbage, cardboard, leaves, yard waste, household waste, municipal waste, construction debris, toxic or noxious materials, cloth, plastic, treated, painted, varnished or otherwise coated materials, or other materials that tend to cause excessive or malodorous emissions or excessive smoke. Small quantities of paper and cardboard may be burned as kindling.
Small recreational fires may only be conducted within fire enclosures no larger than four feet in diameter and 13 square feet.
The size of the pile of combustible material must be less than three feet in diameter and one foot in height.
Flammable liquids, such as gasoline or oil, shall not be used as a starter fluid. Commercially available combustible starter fluids are permitted and must be used in a safe manner per manufacturer's instructions.
Small recreational fires are not permitted within 15 feet of any house, fence, structure, roadway, utility, tree or other combustible material, or any property line. However, small recreational fires that are fueled by propane, natural gas or charcoal briquettes and are housed within a commercially produced enclosure, which has been listed by the UL as meeting UL's requirements, constructed of noncombustible material or which were constructed by a professional as part of a patio, may be located no closer than within 10 feet of any house, fence, structure, roadway, utility, tree or other combustible material, or any property line.
Small recreational fires shall be banned when the geographic area of the City of Latrobe is under any burn ban, as designated by any county, state or federal agencies. The use of propane or gas grills or stoves or charcoal briquette grills for the purpose of cooking food shall not be subject to this burn ban restriction.
All devices containing a small recreational fire shall be cleaned and maintained on a regular basis to prevent the buildup of residual combustible material, such as charcoal, food grease, drippings or scraps, or other debris.
At least one person 18 years of age must:
Attend (being outside, on the property, and in line of site of the fire) the small recreational fire at all times until the fire is extinguished;
Ensure the fire is under control and poses no risk of spreading outside the enclosure; and
Have a garden hose connected to a water source or other fire-extinguishing device readily available for use to extinguish the small recreational fire on an immediate basis.
Small recreational fires must be fully extinguished prior to being left unattended by a person 18 years of age.
Small recreational fires shall not create a nuisance. A nuisance is deemed to exist if the small recreational fire:
Generates flying embers that pose a hazard to a dwelling, structure, tree or other vegetation, combustible material, roadway or utility;
Generates smoke or odors that unreasonably interfere with the use or enjoyment of neighboring properties;
Contains prohibited materials;
Is in a prohibited location; or
Is not in compliance with this chapter, or any other chapter, of the Code.
A police officer or firefighter may order any property to extinguish, abate or diminish a small recreational fire deemed to be a nuisance.
No small recreational fires are permitted on Ozone Action Days.
All persons that wish to have small recreational fires shall first register with the City of Latrobe Code Enforcement Office. The registrant shall pay a registration fee to the City, which from time to time shall be determined by Council. Said registration fee shall be listed in Schedule B of Code Chapter 3. An applicant's registration shall terminate upon the earliest occurrence of one of the following events: at the death of the applicant, when the applicant no longer resides at the property subject to the registration, or on the day following the fifth year after the issuance of the registration. Applicants whose registration terminates by virtue of the five-year time requirement shall be permitted to reapply for registration under this section.
Any person who violates any provision of this chapter shall be guilty of a summary offense for each day of violation and, upon conviction, shall be required to pay a penalty for the use of Latrobe in a sum not to exceed $600, together with costs of prosecution, and in default of such payment shall undergo imprisonment for not more than 30 days.