PASSED 5/11/16 Ordinance #234 Outdoor & Open Burning

Notice is hereby given by the Council of the Borough of Riegelsville that an ordinance regarding outdoor and open burning within the Borough of Riegelsville proposed Ordinance No. 234, will be presented for review and passage at the Regular Council meeting to be held on May 11, 2016 at 7 p.m. at the Borough Hall, Riegelsville, Pennsylvania.  A full copy of the proposed ordinance may be examined without charge at the Borough Hall, the office of this newspaper or the Law Library at the Bucks County Court House during normal business hours, or may be obtained upon request for a charge not greater than the cost thereof.  The following is a summary of the proposed ordinance which will be presented for adoption at the meeting:

Section 1 cites the purpose for the Borough’s passage of the ordinance.

Section 2 sets forth the applicability of the proposed ordinance.

Section 3 is a severability provision and savings clause.

Section 4 defines the certain terms as they appear in the proposed ordinance.

Section 5 is a general prohibition on “outdoor burning” and “open burning” as defined in the proposed ordinance, except as specifically permitted in the proposed ordinance.

Section 6 prohibits the open burning of “refuse” as defined in the proposed ordinance.

Section 7 prohibits the open burning of “trees, logs, brush, stumps, leaves and grass clippings” as defined in the proposed ordinance.

Section 8 prohibits the installation, use or maintenance of an “outdoor wood-fired boilers” as defined in the proposed ordinance.

Section 9 regulates the installation and use of “wood-burning units” as defined in the proposed ordinance.

Section 10 assigns liability for use or maintenance of outdoor fire.

Section 11 grants certain municipal officers and agents the right of entry and inspection.

Section 12 proscribes the enforcement and penalty provisions of the proposed ordinance.

Prepared by:  William T. Dudeck,Esquire  Eastburn and Gray, P.C. 60 East Court Street P.O. Box 1389  Doylestown, PA 18901(215) 345-7000 Solicitor for the Borough of Riegelsville.

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 RIEGELSVILLE BOROUGH ORDINANCE NO. 234

ORDINANCE FOR OUTDOOR AND OPEN BURNING

Borough of Riegelsville, PA 18077

While it may seem harmless, outdoor burning generates air pollution, which affects human health and is the source of many odor and nuisance complaints

SECTION 1: PURPOSE

1.00 Purpose.

This ordinance is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Borough of Riegelsville, Bucks County, Pennsylvania by regulating the air pollution and fire hazards of open burning and outdoor burning.

SECTION 2: APPLICABILITY

2.00 Applicability.

This ordinance applies to all outdoor burning and open burning within the Borough of Riegelsville

2.1. This ordinance does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.

2.2. This ordinance does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.

2.3. This ordinance does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

SECTION 3: SEVERABILITY

 

3.00 Severability.

Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected

SECTION 4: DEFINITIONS

            4.00 Definitions.

4.1. “Campfire” means a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.

4.2. “Clean wood” means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.

4.3. “Construction and demolition waste” means building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.

                        4.4. “Fire Chief” means the Chief of the Community Fire Company No. 1 or other person designated by the Fire Chief.

4.5. “Municipality” means a county, township, city, or borough.

4.6. “Outdoor burning” means open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.

4.7. “Open burning” means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel.

4.8. “Outdoor wood-fired boiler” means a wood-fired boiler, stove or furnace that is not located             within a building intended for habitation by humans or domestic animals.

4.9. “Patio wood-burning unit” means a chimnea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.

4.10. “Enclosed wood-burning unit” may include stone or concrete block enclosed permanent fire pits.

4.11. “Refuse” means any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.

SECTION 5: GENERAL PROHIBITION ON OUTDOOR BURNING AND OPEN BURNING

5.00 General prohibition on outdoor burning and open burning.

Open burning and outdoor burning are prohibited in the Borough of Riegelsville unless the burning is specifically permitted by this ordinance.

All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard on roadways.  Open burning shall be conducted in conformance with all local and state fire protections regulations.

SECTION 6: OPEN BURNING OF REFUSE

6.00 Open burning of refuse.

             Open burning of refuse is prohibited.

SECTION 7: OPEN BURNING OF TREES, LOGS, BRUSH, STUMPS, LEAVES, AND GRASS CLIPPINGS

7.00 Burning trees, logs, brush, stumps, leaves, and grass clippings.

Open burning of trees, logs, brush, stumps, leaves, and grass clippings is prohibited.

SECTION 8: OUTDOOR WOOD-FIRED BOILERS

8.00 Outdoor wood-fired boilers.

   No person shall install, use, or maintain an outdoor wood-fired boiler in the Borough of Riegelsville.

SECTION 9: WOOD-BURNING UNITS

            9.00 Patio wood-burning units.

A patio wood-burning unit may be installed and used in the Borough of Riegelsville only in accordance with all of the following provisions:

            9.1. The patio wood-burning unit shall not be used to burn refuse.

            9.2. The patio wood-burning unit shall burn only clean wood.

                        9.3. The patio wood-burning unit shall be located at least 25 feet from the nearest structure which is not on the same property as the patio wood-burning unit.

                        9.4. The patio wood-burning unit shall not cause a nuisance to neighbors.

9.10 Enclosed wood-burning units.

All wood burning pits shall be in concordance with Section 9.00 requirements above plus must meet the following dimensional requirements and materials of construction:

The fire pit may be formed with either concrete blocks or stones.

The fire pit shall be either three (3) feet in diameter or three (3) feet by three (3) feet square and a minimum of two (2) feet deep.

SECTION 10: LIABILITY

10.00 Liability.

A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.

SECTION 11: RIGHT OF ENTRY AND INSPECTION

11.00 Right of entry and inspection.

The Fire Chief or any authorized officer, agent, employee or representative of the Borough of Riegelsville who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance

SECTION 12: ENFORCEMENT AND PENALTIES

12.00 Enforcement and penalties.

                        12.1. The Fire Chief and Borough Code Enforcement Officer are authorized to enforce the provisions of this ordinance. Upon proper dispatch from the County 911 Center.

               12.2. Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this ordinance or fails to comply with a duly authorized Order issued pursuant to this ordinance shall be deemed to be responsible for a municipal civil      infraction as defined by the State of Pennsylvania which shall be punishable by civil fine determined in accordance with the following schedule:

      Fine                                                            Minimum                    Maximum
1st Offense within 3-year period* $75.00 $500.00
2nd Offense within 3-year period* $150.00 $500.00
3rd Offense within 3-year period* $325.00 $500.00
4th or More Offense within 3-year period* $500.00 $500.00

 

*Determined on the basis of the date of commission of the offense(s)

12.3. The violator shall pay costs which may include all expenses, direct and indirect, which the Borough of Riegelsville has incurred in connection with the municipal infraction. In no case, however, shall costs of less than $75 nor more than $500 be ordered. In addition, the Riegelsville Borough shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this Ordinance. Each day that a violation of this Ordinance exists shall constitute a separate violation of this Ordinan

ENACTED AND ORDAINED THIS 11th DAY OF MAY 2016.

ATTEST:                                                                     RIEGELSVILLE BOROUGH COUNCIL:

 

 

____________________                                By:       _________________________                     

Secretary                                                                    Thomas E. Stinnett, President

Approved as an Ordinance of the Borough of Riegelsville, this 11th day of May 2016.

 

                                                           

Gregory Stokes, Mayor

 

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