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BOROUGH OF TRUMBAUERSVILLE
ORDINANCE NO. 207-05
TRUMBAUERSVILLE BOROUGH BURNING ORDINANCE
BE IT ORDAINED AND
by the Borough Council of the Borough of Trumbauersville,
meeting duly assembled (at which a quorum was present and acting) as
ARTICLE 1 - PUBLIC POLICY
ARTICLE 2 - DEFINITIONS
It is against
public policy to permit uncontrolled and unrestricted outdoor burning.
The purpose of this ordinance is to prevent
damage to life and property because of public and
nuisances caused by outdoor fires deliberately or carelessly set and
of this ordinance, the following words and terms shall have the
ascribed to them.
220 - Contained Fire
contained in an incinerator, fireplace or cooking grill or other
enclosure designed for outdoor cooking or a fireproof container.
230 - Enforcement Officer
The Fire Chief
of the Trumbauersville Borough Volunteer Fire Company #1, the
Borough Code Enforcement Officer and the
Trumbauersville Borough Fire Marshal
shall be designated Enforcement Officers under this ordinance.
The Trumbauersville Borough Fire Marshal
in his absence, the Fire Chief of the Trumbauersville Volunteer Fire
shall have the authority to issue permits under the provisions of
240 – Garbage
Food waste or
250 - Fire
or maintained outside a building.
260 - Person
partnership, organization, association, agency, firm, estate or
any other legal or commercial entity.
270 -Responsible Adult
years or older who is not under the influence of drugs or alcohol or
from any other disability which would impair his or her ability to
supervise a fire. If a juvenile is
apprehended in starting a fire, the parents will be held responsible
for damages,fines and
penalties imposed in this ordinance.
The determination of who is a responsible adult is in the sole
exclusive discretion of the Trumbauersville Borough Fire Marshal.
280 - Uncontained Fire
Any fire not
included in the definition of a “Contained Fire
Article 3 -
General Limitations on Burning
Section 300 - Compliance with Ordinance
It shall be unlawful to burn, ignite,
maintain or permit to burn outdoors, any materials whatsoever, of
nature, without complying with this ordinance.
Nothing herein shall be construed to
fire-fighting training by Borough designated fire-fighting
310 - Public Roads, Private and Public Properties
No person shall set, start, feed, permit to
burn or maintain
any fire upon any of the streets, sidewalks, alleys or public grounds
Trumbauersville Borough, except where a designated area has been set
reserved for this purpose and an appropriate container has been
contain such fires.
To burn on such
property, a permit is required from the Trumbauersville Borough Fire
No person shall set, start, feed, permit to
maintain any fire upon any private property in Trumbauersville Borough
as designated in Section 350 b. of this Ordinance.
Section 320 -
It shall be unlawful to allow any fire,
cooking, within an unsafe distance from any building or property
No fire shall be set, started, fed,
permitted to burn
or maintained where such fire may endanger any building or property,
where such building or property is used by the Fire Department for
Out-of-doors fire shall be permitted only
property and shall take place at least twenty (20) feet from any
property line or road line.
may be less than twenty (20) feet from a building providing that
safeguards are maintained.
No fire shall be permitted to burn that
which interferes with the navigation of aircraft in the vicinity of
Section 330 - Control of Burning
and Unattended Fires
No fire shall be allowed to burn unattended.
A responsible adult must be present at all
times with readily available fire extinguishing apparatus.
No fire shall be permitted to be ignited or
burn whenever drought or extreme weather conditions exist or when a ban
fires has been placed into effect by the Commonwealth of Pennsylvania,
Borough of Trumbauersville or other governmental agencies or
whether federal, state, county or local.
The Council of the Borough of Trumbauersville may prohibit any
outdoor fires of any nature whatsoever when it determines atmospheric,
or any other condition(s) or circumstance(s) make such fires hazardous
adverse to the public health, safety or welfare
No fire shall be set that results in
burning of vegetation (field fire).
Out-of-door fires shall be confined in a
non-combustible container, covered with a wire screen of one-half inch
smaller mesh, or in other suitable non-combustible containers, except
of leaves, brush, and/or natural untreated wood which need not be
or covered by a non-combustible container.
The burning of leaves, brush, and/or
untreated wood requires a permit.
340 - Extinguishing Unsafe Fires
It is a
violation of this ordinance for any person to allow any fire to burn
adverse weather conditions or unsupervised, or otherwise in an unsafe
Any such fire will be
extinguished immediately at the discretion of an enforcement officer or
350 - Hours
No fire, (contained or uncontained) shall
to burn or smolder between sunset and sunrise.
Recreational fires using natural, untreated
containing a fuel source of no more than four (4) cubic feet are
any time so long as they comply with all other provisions of this
Any recreational fire over
four (4) cubic feet requires a permit.
Propane gas grills and/or charcoal grills
used in the
preparation of food are exempt.
360 - Unlawful Substances
Burning of construction debris, plastics,
lumber, by products of manufacturing and processing operations and
commercial operations is strictly prohibited.
No garbage may be burned at any time either
ARTICLE 4 - ENFORCEMENT
Section 400 - Sanctions
Any person, partnership, corporation or
entity who or which has violated or permitted the violation of the
of this ordinance shall be levied a fine of $50.00 for the first
$100 for any subsequent violation within a twelve (12) month period.
Each violation shall constitute a separate
In the event that
Trumbauersville Borough proceeds for enforcement in any court of law or
then and in that event the violator of the Ordinance is required to
the Borough of Trumbauersville in addition to any civil fines imposed
the reasonable legal fees and costs incurred in enforcing this
In the event any Fire Company is required
to respond to
a fire, which violates the provisions of this ordinance, the responding
Company may levy a service fee.
In the event that Trumbauersville Borough
enforcement in any court of law or equity then and in that event the
of the Ordinance is required to reimburse the Borough of
addition to any civil fines imposed herein, the reasonable legal fees
incurred in enforcing this ordinance.
410 - Equitable and Other Remedies
herein shall prevent the Borough from enforcing this ordinance by
injunctive and other remedies.
420 - Liability
Trumbauersville and it’s agents, officials and representatives shall
any circumstances, be liable or responsible for damages caused to any
property by reason of the issuance of any permit under the provisions
of this ordinance,
or by reason of the conduct of any burning activity in compliance with
terms and provisions of this ordinance.
The individual person or party responsible for any such fire
sole liability for any damages caused as a result thereof.
ARTICLE 5- SEVERABILITY
provisions of this ordinance shall be severable, and if any of its
shall be held to be unconstitutional or illegal, such decision shall
the validity of any of the remaining provisions of this ordinance.
It is hereby declared as a legislative intent
that this ordinance would have been adopted had such unconstitutional
illegal provisions not been included herein.
ARTICLE 6 - REPEALER
Borough Ordinance #171-92, #177-94 and all other ordinances or parts of
ordinances inconsistent herewith are hereby repealed.
ENACTED AND ORDAINED this 7th day of
BOROUGH OF TRUMBAUERSVILLE