ORDINANCENO. 585 oFa0in BENTLEYVILLE BOROUGH WASHINGTON COUNT,PENNSVIVANA  AN ORDINANCE OF BENTLEYVILLE BOROUGH, WASHINGTON RESTRICTING OPEN FIRES AND BURNING WITHINTHE BOROUGH, AND ESTABLISHING SPECIFIC REGULATIONS, SPECIFICATIONS AND DEFINITIONS; FURTHER DESIGNATING AN ENFORCEMENT OFFICER. ANDI PRESCRIBING PENALTIES FOR VIOLATIONS. WHEREAS, Bentleyville Borough is enacting an Ordinance that shall be known as the "Bentleyville Borough Burning Ordinance of2017", establishing regulations governing outside burning ofi materials in the Borough and prohibiting specified actions and omissions; and WHEREAS, increased development of Bentleyville Borough, the creation of programs to récycle materials, regard for environmental concerns and the public health, safety and welfare of thel Borough requires proper regulation of outside burning with appropriate regard for the interests ofi residents having larger parcels where outside burning may not affect others so directly; and WHEREAS, the Bentleyville Borough Council determines that it is necessary and appropriate to consolidate all applicable regulations in a restated ordinance and address any misunderstandings ast to the intended application oft these regulations tot those in other ordinances. NOWTHEREFORE, in consideration oft the above recitals which arej incorporated herein byr reference, the Council of Bentleyville, County of Washington, Commonwealth of Pennsylvania  COUNTY,  PENNSYLVANIA,  PROVIDING  REGULATIONS  therefore enacts and ordains the following:  Section 1. Short' Title of2017." Section 2.1 Purpose Bentleyville as set forth herein. Section 3. Definitions ascribed to them herein:  This Ordinance shall bel known as the "Bentleyville Borough Outdoor Burning Ordinance The purpose of this Ordinance is to regulate open burning within the Borough of Fort thej purposes of this Ordinance, the following words andt terms shall havet the meanings Comstructio/Demalition Waste- Solid waste resulting from construction or demolition of buildings and other structures, including, but not limited to, wood, plaster, metals asphaltic substances, bricks, block, and unsegregated concrete. The term does not include the followingi ifthey are separate from other waste and are used as clean fill:    a) Uncontaminated soil, rock, stone, gravel, brick and block, concrete and used b) Waste from land clearing. grubbing and excavation, including trees, brush, stumps Contained Fire- Any fire contained ina ai firel bowl, chimney or fireplace used for outdoor heat or cooking, ori in and outdoor cooking appliance designed for the purpose ofpreparing Enforcement Officer-The Bentleyville Borough Code: Enforcement Officer, Bentleyville Borough Police and/or Pennsylvania State Police shall be designated Fire Bowl- Any device used for burning untreated wood in a copper or metal bowl no larger than sixty six (66") in diameter, which is suspended off the ground by a stand or Garbage- All putrescible animal and vegetable matter resulting from the handling, Open Fire Any fire contained. in a burn barrel or other similar container, whether or Person- An individual, partnership, organization, association, agency, firm, estate, or Recreational Fire- Ai fire that consists of natural, untreated wood which is confined in some manner intended to prevent the fire from spreading to the surrounding area. Responsible Adult- An individual cighteen (18) years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair Rubbish- Solids not considered to be highly flammable or explosive, including, but not limited to diapers, animal waste, rags, old clothes, leather, rubber, carpets, excelsior, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials, or any other items or materials defined as "municipal waste"int the Municipal Waste Planning, Salvage Operation- Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including but not limited to metals, Trade Waste- All solid or liquid material or rubbish resulting from the prosecution of any business, trade ori industry, including but not limitedt toj plastic products, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid: or liquid  asphalt.  and vegetative material.  foods (gas, elcctric or charcoal grills or stoves, etc.). Enforcement Officers under this Ordinance.  as part ofat table.  preparation, cooking and consumption of food. not flames are visible during burning.  corporation and any other legal or commercial entity.  Refuse- Garbage and rubbish  his orl her ability toj properly supervise ai fire.  Recycling & Waste) Reduction Act, section 103, as amended. chemicals, plastic shipping containers or drums.  2    waste materials; provided that "trade waste" shall not include any coal for the use associated with mining or preparation of coal or untreated wood products. Uncontained Fire- A fire in which any material not prohibited to be burned by this Ordinance is burned in the open without being confined in any manner.  Section 4.1 Prohibited Activities  1.Its shall be unlawful to burn, ignite, maintain or permit to burn any materials 2.Its shall be unlawful tol burn any of the following materials in any zoning district  whatsoever, of whatever nature, without complying with this Ordinance.  within Bentleyville Borough:  a. construction-demolition waste;  b. garbage; c. refuse; d. rubbish; e. trade waste;  f. by-products ofs salvage operations;  g.any plastic material, other than plastic grocery, shopping and/or trash bags, including but not limited to, nylon, PVC, polystyrene, urethane foam and synthetic fabrics, plastic films, plastic containers andj plastic h. any other material not specified above which is not permitted to be burned according to the Pennsylvania Air Pollution Control Act, 35 P.S. Section 4001 et seq. its implementing regulations, including but not limited to 25 Pa. Code Section 129.14, and the Solid Waste Management Act and its implementing regulations, including but not  bottles; and  limited to 25 Pa. Code Section 271.  3.1 No person shall set, start, feed, permit to burn or maintain any fire upon any of  the: streets, sidewalks, alleys or public grounds inl Bentleyville Borough, except where: a designated areal has been set aside or reserved for this purpose and an: appropriate container has been provided where sucht fire may endanger any building or property, except where: such building or property is  to contain such fire.  4. No uncontained fire shall be set, started, fed, permitted to burn or maintained  used by the fire department for training purposes.  3    5. No open fire, recreational fire or uncontained fire shall be permitted to burn  during a firel ban emergency as proclaimed by the Washington County Emergency Management,  Washington County Commissioners or the Bentleyville Borough Council.  Section 5.1 Permitted Activities ift thei firei is necessary for:  .Uncontained fires may be set int the performance of an official duty of any public officer,  a. Thep prevention ofa fire hazard which cannot be abated by other means;  b. Thep protection of public health; and/or with Pennsylvania state law.  c. The purpose of fire-fighting training by the Borough designated firefighting organization, if such training is commenced in accordance  2. Allz zoning districts of Bentleyville Borough may have controlled outdoor burning (open  fires, recreational fires and/or uncontained fires) subject to the following regulations:  Open fires and/or uncontained fires are permitted between sunrise and b. No open fire or uncontained fire shall be permitted to burn or smolder anywhere within Bentleyville Borough between sunset and sunrise. Recreational fires are permitted at any time so long as they comply with d.Itshall be unlawful to allow: an open fire, recreational fire and/or an uncontained fire to burn within twenty-five fcet (25') of any building or It shall be unlawful to allow an open fire, recreational fire and/or an uncontained fire tol burn within five feet (5)ofany property line. - All open fires, recreational fires, and uncontained fires must be maintained and supervised by a responsible adult with a readily-available fire extinguishing apparatus within close proximity to the fire. All open fires shall be confined in a non-combustible container. h. All open fires confined in al burn barrel shall be covered witha a wire screen  sunset.  all other provisions of this Ordinance.  structure.  ofonc-half(1/2) inch or smaller mesh.    Nor recreational fires shall contain ai fuel source oft more than cight (8) cubic Prior to burning of any uncontained fire, the fire department shall be contacted by the resident who willl be burning the firet toj provide notice of  feet.  the burn  3. Contained fires shall be permitted in any zoning district within Bentleyville Borough,  subject tot the following restrictions:  Outdoor fireplaces, chimneys and fire bowis must be used at a safe distance from  all buildings and property lines.  b. Fire bowls must be covered by a protective screen when in use. Contained fires must be supervised by a responsible adult.  d. Contained fires are permitted. at any time, so long as they comply with all other Thel Borough Fire Department, or other fire departmenti ifthes situation necessities, whether called upon by the Code Enforcement Officer, Bentleyville Borough Police, Pennsylvania State Police, or a citizen ofthe Borough, shall havet the authority to enter the property of any person who burns ai firei in violation of this Ordinance for the purpose of extinguishing the fire.  provisions oft this Ordinance.  Section 6.1 Fire Department Authority  Section 7. Enforcement Agencies  The Bentleyville Borough Code Enforcement Officer, the Bentleyville Borough Police and/or the Pennsylvania State Police shall be designated to have all power necessary to enforce  thep provisions oft this Ordinance onl behalfoft the Township. Section 8. Criminal Enforcement Penalties  1. This Ordinance shall be enforced by an action brought before a district justice in  thes same manner provided for enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Borough Solicitor may assume charge of the prosecution without the consent ofthe districta attorney as required under Pa. R. Crim. No. 83 (c)(relating to triali ins summary cases). Any person, firm or corporation convicted of violating or permitting a violation of this Ordinance shall pay ai fine not exceeding One Thousand ($1,000) Dollars per violation and may be imprisoned. tot the extent allowed by law for the punishment of summary offenses. Ift the violation requires attendance ofal Fire Company, the District. Justice: shall taket the: account of the costsi incurred by the Fire Company in responding to the violation in determining the amount the fine to be levicd. Each day's violation of this Ordinance shall constitute a separate offense. All fines and penalties collected for the violation oft this Ordinance: shall bej paid to the Bentleyville Borough Treasurer. The:  5    Council may delegate the initial determination of Ordinance violation and service of notice of violation tos such officers or agents as the Borough shall deem qualified for that purpose. hereby declared to be a nuisance and: shall be abatable as such by an appropriate legal action. No penalty herein shall prevent the Borough from enforcing this Ordinance by equitable, injunctive and other remedies through the Court of Common Pleas of Washington County. Bentleyville Borough and its agents, officials, and representatives, shall not, under any circumstances, be liable or responsible for damages caused to any person orj property by reason of thep provisions oft this Ordinance, orl by reason of the conduct of any burning activity in compliance with the terms andj provisions oft the Ordinance. Thei individual person or party responsible of any  2. Any fire set, maintained or permitted to smolder in violation of this Ordinance is  Section 9. Equitable and Other Remedies  Section 10. Liability  such fire shall bear sole liability for: any damages caused as a result thereof.  Section 11. Ratifications and Repeals  All ordinances or parts of ordinançes inconsistent witht the provisions oft this Ordinance are Thel Provisions oft this Ordinance are: severable andi ifa any provision or part thereof shall be held invalid, unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionally or inapplicability shall not effect or impair the remaining provisions or parts  hereby repcaled insofar, but only insofar, as the: same: arei inconsistent herewith.  Section 12. Severability  thereof of this Ordinance. Section 13. Effective Date  This Ordinance shalll become effective five (5) days after its adoption.    ORDAINED AND ENACTED into law by the Council of Bentleyville Borough in  lawful session assembled this  day of  2017.  By:  Kimberly Sacco, Secretary  Stan Glowaski, President  EXAMINED AND APPROVED by me this  day of  2017.  By:  Thomas Brown, Mayor