Ordinance No. 474 (Passed) – Recreational Fires Within the Borough

BOROUGH OF RUTLEDGE

DELAWARE COUNTY,PENNSYLVANIA

Ordinance No. 474

AN ORDINANCE OF THE BOROUGH OF RUTLEGE REGARDING

RECREATIONAL FIRES WITHIN THE BOROUGH.

 

WHEREAS, the existing Borough Ordinances regulate the acceptable and prohibited uses of open fires and burning within the Borough of Rutledge;

WHEREAS, after consideration of the Planning Commission’s investigation and recommendations relating to recreational fires and in an attempt to balance the safety of its residents and the recreational fire usage, the Borough has determined to accept the recommendation of the Planning Commission.

WHEREFORE,the Council of the Borough of Rutledge does hereby ORDAIN as follows:

SECTION 1.   To amend Chapter 7 Part 1 of the Borough of Rutledge Code of Ordinances to provide Regulations for Recreational Fires which shall be known as §7-105 to hereby read as follows:

 

  • 7-105 –RECREATION FIRES

 

Recreation Fires are permitted only under the terms and conditions as set forth in this Section and only between the hours of 10:00 a.m. and 11:00 p.m.:

A. PERMITTED DEVICES

  1. A portable, above ground commercially manufactured wood burning or propane or natural gas fire pit lined with a non-combustible material.
  2. A wood-burning chiminea made of a non-combustible material.
  3. A permanently constructed fireplace or fire pit lined with a non-combustible material such as brick, rock, concrete, or heavy gauge metal
  4. No recreational fire may have a burning area that exceeds seven square feet or a threefoot diameter circle.
  5. Manufacturer’s recommendations for installation and operation must be followed at all times.
  1. Any spark arrester screens required by the device manufacturer need to be in place when in use.  The use of a fire screen is required to prevent hot sparks from flying into the air.

B.  LOCATION AND SAFETY

  1. Recreational burning must not take place within fifteen (15) feet of any combustible materials, residence, shed, fences, vehicle, other structure, trash, wood storage, trees and/or brush or tall grass;
    1. (a) An extinguisher sources must be readily available and close by while fire is burning. (Ex. garden hose, ABC fire extinguisher, water bucket)
    2. (b) A responsible adult, over the age of 18, must be present at all times while fire is burning.
    3. (c) No fire shall exceed approximately 2 ft. in height.
  1. Portable outdoor fireplace must only be placed on stable ground and on a non-combustible surface;
  1. Recreational burning must not be conducted underneath any branches, roofing, porches, awning or any similar overhead covering;
  1. No burning is allowed on any streets or sidewalk within the Borough;
  1. The fire and/ or police department shall have the authority to require that burning be extinguished immediately if such usage is not compliant with this ordinance or any other applicable ordinance, law or code or found to be dangerous and or a nuisance.

C.  REGULATIONS FOR BURNING MATERIAL

  1. Permitted burning materials shall be limited to branches, wood and other non-putrescible vegetable matter;
  1. Prohibited burning materials shall include, trash, plastic, glass, leaves and any similar materials;
  1. No hazardous or otherwise objectionable condition to surrounding properties shall be created by such burning;
  1. No flammable fluids, such as gasoline, alcohol, diesel fuel and kerosene should be used to light or relight fires.
  1. No flammable fluids, such as gasoline, alcohol, diesel fuel and kerosene shall be stored near any fire.

 

D.   PENALTIES

Any person, firm, or corporation who shall violate any provision of this Ordinance shall, upon conviction thereof, be sentenced to pay a fine of not more than $1000.00 plus the costs of prosecution and, in default of payments of said fine and costs, to imprisonment for a term not to exceed thirty (30) days.  Each day that a violation of this Ordinance continues shall constitute a separate offense.

 

SECTION 2.   Borough Council authorizes the appropriate Borough officials, officers, solicitor and employees to take any and all necessary actions required to carry out the intent of this Ordinance.

 

SECTION 3.   All Ordinances or resolutions or parts of Ordinances or resolutions, insofar as they are inconsistent herewith, are hereby repealed.

Posted in proposed ordinances