IT IS HEREBY ENACTED AND ORDAINED by the Council of the Borough of Montoursville, Lycoming County, Pennsylvania, that Chapter 69, “Burning, Outdoor”, be amended as follows:
Sections §69-1 through §69-4 of Chapter 69 “Burning, Outdoor” are hereby repealed.
Chapter 69 “Burning, Outdoor” of the Code of the Borough of Montoursville is hereby amended as follows:
Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings set forth in this section.
APPROVED CONTAINERS -
A. An appliance or device used for a recreational fire approved by and listed by a recognized testing agency, which is used in accordance with the listing and manufacturer’s instructions. The use of such appliances is limited to residential, small commercial, or non-profit use not requiring a building permit for installation and approvals or permits of other state and federal agencies, the installation of which will be subject to applicable codes and regulations.
B. Outdoor fireplaces constructed and intended for a recreational fire for residences, small commercial or non-profit application. Such fireplaces shall have an essentially contained fire chamber in which all burning takes placed and a flue or chimney through which exhaust, gas, smoke or emissions escape.
BONFIRE – an outdoor fire used for ceremonial or training purposes.
OUTDOOR BURNING – a fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue/vent stack or chimney which is part of an inhabited building used for residential, business, industrial, or other public or private purposes.
OUTDOOR FURNACE – A device located outside an inhabited building and used to burn combustible materials for the purpose of generating heat inside the inhabited building. An outdoor furnace shall be considered an “accessory structure” for purposes of any other ordinance or regulation applying to or effective in the Borough of Montoursville including, but not limited to, Zoning Ordinances and Building Codes.
RECREATIONAL FIRE – an outdoor fire which is used to cook food for human consumption.
§69-2. General prohibition on all outdoor burning.
Except as set forth in Sections 69-3 through 69-5 under no circumstances shall any person perform or cause to be performed or permit to be performed any outdoor burning of any material, including but not limited to, garbage, rubbish, refuse, trash, paper, paper products, rubber, wire, roofing shingles, trash, plastic/synthetic materials, brush, trimmings, rakings, leaves, grass, wood, coal, wood products and other similar materials.
§69.3. Outdoor Burning - Recreational fires.
Recreational fires in approved containers are hereby permitted.
§69-4. Outdoor Burning - Bonfires.
A bonfire may be made for purposes such as fire company drills, pep rallies, and public celebrations upon application submitted to the Borough and approved by the Mayor.
§69-5. Outdoor Furnaces.
Outdoor furnaces that are constructed, installed or in use as of are grandfathered.
§69-6. Violations and penalties.
Any person who violates any of the provisions of this chapter or offers or permits the same to be done on his behalf shall, upon conviction thereof, be subject to the penalty in Chapter 1, General Provisions, Article II, General Penalty.
This Ordinance shall be effective on .
DULY ENACTED AND ORDAINED this ________ day of April 2006, by Borough Council of the Borough of Montoursville, , in lawful session duly assembled.
ATTEST: BOROUGH OF MONTOURSVILLE
Kathie Hunter, Council President
By:__________________________________ (Signatures on file)
Dennis Holt, Borough Secretary
APPROVED this______ day of April, 2006.
John Dorin, Mayor
Adopted by Borough Council on April 3rd, 2006
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