Article 1
Outdoor Fires

§10-101 Policy.

The Council of the Borough of Cornwall has determined that air pollution from open burning may be detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of Cornwall Borough, and it is hereby declared to be the policy of Cornwall Borough to safeguard the citizens of Cornwall Borough from such air pollution.

Borough Council has also determined that it is in the public interest to encourage residents to source-separate and recycle materials as set forth in Article 5B of Chapter 5. To further this goal, burning of designated recyclable materials shall be prohibited.

(Ord. 2008-3, 9/8/2008; as amended by Ord. 4-2014, 10/13/2014, §1(10-101))

§10-102 Definitions.

Borough–Cornwall Borough, Lebanon County, Pennsylvania.

Domestic refuse–waste which is generated from the normal occupants of a residential dwelling occupied by no more than 2 families. The term does not include yard waste as hereinafter defined.

Recyclable materials–any item identified as a recyclable material in Article 5B of Chapter 5.

Yard waste–leaves, garden residues, tree trimmings, trimmed shrubbery, and similar vegetative material, but not including grass clippings.

(Ord. 2008-3, 9/8/2008; as amended by Ord. 4-2014, 10/13/2014, §1(10-102))

§10-103 Fires Prohibited on Streets, Alleys, Sidewalks and Public Grounds.

No person, or persons, shall set or maintain any fire upon any of the streets, sidewalks, alleys, or public grounds in the Borough or burn or cause to be burned thereon any domestic refuse or yard waste or recyclable material.

(Ord. 2008-3, 9/8/2008, §1; as amended by Ord. 4-2014, 10/13/2014, §1(10-103))

§10-104 Prohibited Burning of Domestic Refuse and Other Non-Yard Waste.

No person or persons shall burn, or cause to be burned, any domestic refuse, recyclable material, construction waste, or materials which may create, or cause to be created, toxic fumes, or excessive smoke (i.e., plastics, rubber, tires, etc.) on any property on any location within the Borough.

(Ord. 2008-3, 9/8/2008, §2; as amended by Ord. 4-2014, 10/13/2014, §1(10-104); and by Ord. 2017-3, 4/10/2017, §9)

§10-105 Conditions for Maintaining Outdoor Fires on Private Property.

Out-of-door fires, set for the purpose of burning that amount of yard waste generated from the premises of a structure occupied solely as a dwelling by 2 families or less (except where composting or recycling is mandatory), a fire set solely for cooking food, and/or a fire set solely for recreational or ceremonial purposes, shall be permitted, upon private property. The burning of yard waste shall only be permitted on Tuesdays, Thursdays, and Saturdays, excluding national holidays; provided, that the following regulations and restrictions are strictly adhered to:

A.    Every such out-of-door fire shall be built in and confined to a noncombustible container, covered with a screen of 1/2-inch or smaller mesh, or in such other suitable noncombustible container, unless attended at all times. No such fire shall be closer than 15 feet from any building or from any property line. No such fire shall be within 100 feet of any gasoline pump or gasoline storage tank. No such fire shall be allowed to burn except between the hours of sunup and sunset, with the exception of cooking, recreational or ceremonial fires.

B.    No burning of any kind shall be permitted when, in the opinion of Council, due to dry weather conditions, out-of-door fires would constitute a hazard to the properties in the Borough, and in such event, notice shall be given to the residents of the Borough by advertisement in a newspaper of general circulation prohibiting all out-of-door burning during the period such hazard exists.

(Ord. 2008-3, 9/8/2008, §3; as amended by Ord. 4-2014, 10/13/2014, §1(10-105); Ord. 2017-3, 4/10/2017, §10; and by Ord. 2018-1, 3/13/2018, §1)

§10-106 Enforcement and Penalty for Violation.

Any person, firm or corporation who shall violate any provision of this Article, upon summary conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, including the Borough’s reasonable attorneys’ fees, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Article continues and each Section of this Article which shall be found to have been violated shall constitute a separate offense. This Article may be enforced by any police officer and by any enforcement officer appointed by Borough Council to enforce this Article. The Borough shall be entitled to recover all of its reasonable attorneys’ fees as costs of the proceeding in accordance with §3321(a)(5) of the Borough Code.

(Ord. 2008-3, 9/8/2008, §4; as amended by Ord. 2009-1, 7/13/2009; and Ord. 4-2014, 10/13/2014, §1(10-106); and by Ord. 2017-3, 4/10/2017, §11)