As a resident of Brownstown Borough, do you want to be able to have a fire and/or be able to burn on your property freely without time restrictions/constraints?

The proposed Ordinance is as follows:

The Borough of Brownstown has determined that because of it's status as a residential neighborhood, it is necessary to regulate outdoor burning and fires within the boundaries of the Borough; and

The Borough has determined that it is in the best interest of the residents of the Borough to promote and enhance the health, safety, and welfare of the residents of the Borough by enacting this Ordinance for the regulation and restriction of the outdoor burning and fires and to eliminate any nuisances by smoke, cinders, ashes and the like; and 

it is hereby ordained and enacted by the Council of the Borough of Brownstown, Cambria County, Pennsylvania, as follows:

Fires on Public Property:

The burning of any material is prohibited upon any public street, alleyway, sidewalk, or public ground in the Borough of Brownstown.

Fires on public property shall be permitted for special events and special occasions with the express approval of Borough Council or it's designated representative. Permission shall be valid only for the duration of the special event or special occasion, and subject to the regulations and restrictions set forth herein.

Fires on Private Property:

Outdoor fires shall be permitted upon private property within the boundaries of the Borough of Brownstown for the burning of non-offensive matter, subject to the following regulations and restrictions.

All outdoor fires shall be contained within a fire pit, fire ring, fireplace, stove, or other similar container. Such container shall not be in excess of four (4) feet in diameter. "Bonfires" and other large fires are specifically prohibited by this Ordinance. A "bonfire" shall be any fire which is more than four (4) feet in diameter and more than three (3) feet in height.

No outdoor fire shall be kindled or maintained within fifteen (15) feet of any building or structure.

Permit Required:

A burning permit shall be required before any burning is commenced upon private property within the boundaries of the Borough of Brownstown. The fee for said permit shall be Ten Dollars ($10.00), or as set forth from time to time by resolution of the Borough Council. Permits shall be valid for the calendar year. Permits shall not be unreasonably withheld by Borough Council.

Days and Hours of Permitted Burning:

Fires shall be permitted Monday through Thursday between the hours of 11:00 a.m. and 7:00 p.m. and Friday through Sunday between the hours of 11:00 a.m. and 11:00 p.m. Fires shall be permitted between the hours of 11:00 a.m. and 11:00 p.m. on the following holidays: (1) New Year's Day, (2) Memorial Day, (3) July Fourth, (4) Labor Day, (5) Thanksgiving Day, and (6) Christmas Day. 

All fires must be tended at all times by an adult until the fire is completely extinguished. Upon the completion of the fire or the expiration of the foregoing permitted timeframe, the fire shall be completely extinguished and shall not be permitted to remain afire, burning, smoldering, or smoking.

Prohibited Materials:

The burning of kindling of offensive matter, including, but not limited to, garbage, rubbish, trash, leaves, vegetable waste, rubber, plastic(s), furniture, glass, metals, automobile parts, building materials - including wood that has paint, stain or other coating - tires, chemicals, carcasses, putrid matter, or any other substance or material which will or is likely to cause or create nauseous or noxious fumes, nauseous or noxious smoke, toxic chemicals, or excessive fly ash or smoke, shall be specifically prohibited.

Permitted Materials:

It shall be lawful to burn natural wood, brush, tree limbs or other material that is readily combustible and will not create nauseous or noxious fumes, nauseous or noxious smoke, toxic chemicals, or excessive fly ash or smoke.

Barbeques and Cooking Fires:

Natural wood or charcoal fires in fireplaces or in the other containers used for the purposes a cookout or a barbeque shall be lawful, subject to the permitting provision in Section 3 of this Ordinance. This Ordinance shall not apply to grilling, smoking, or cooking foodstuffs using charcoal, wood, or propane contained within grilling or cooking appliances. 

Outdoor Wood-Fired Boilers:

An outdoor wood-fired boiler (also known as an outdoor wood-fired furnace) shall only be used to burn clean wood. "Clean wood" shall bean natural wood that has no paint, stains or other types of coatings, and natural wood that has not been treated with chemicals. An outdoor wood-fired boiler shall not be used to burn any other materials, including those prohibited materials, as set for in the Section 5 of this Ordinance.

Enforcement Provisions:

A violation of this Ordinance is considered a nuisance and the Borough designates the West Hills Police Department, Codes Compliance/Enforcement Official/Agency, or any other police department granted by authority by the Borough, the power and duty to enforce the provisions of this Ordinance. Nothing herein contained shall prevent the Borough from taking such other lawful action as is necessary to prevent or remedy any violation of this Ordinance.

Violations and Penalties:

Any person or persons who have violated the provisions of this Ordinance shall be issued a citation and upon conviction thereof be sentenced to pay a fine of Three Hundred Dollars ($300.00). Any person or persons so convicted shall also pay all costs of enforcement, prosecution, and/or investigation, including any and all restitution for damages arising from the use of an unlawful outdoor fire. In the event the fine and costs are not paid, the defendant shall be sentenced to serve not more than ten (10) days in the Cambria County Prision. Each day a violation exists shall constitute a separate offense.

A violation of this Ordinance shall constitute a public nuisance. The Borough of Brownstown shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Borough of Brownstown may recover the expenses of abatement. Any person who causes the public nuisance shall be liable for the cost of abatement. 

 

Residents of Brownstown Borough, if the outline of this Burning Ordinance as stated above does not agree with your feelings or opinions please sign this petition and share the information with other residents along with attending the upcoming Borough meeting(s). 

The next scheduled meeting is on October 12, 2022 and the Borough Council will vote regarding this Ordinance. All residents are encouraged to attend.