The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
APARTMENT BUILDING
A building containing three or more apartment dwelling units
separated by party walls, one or more of which dwelling units may
be located from ground to roof, and common outside access and hallways,
intended to be owned by a single entity and used specifically for
residential purposes and originally constructed as such.
BONFIRE
An outdoor fire used for ceremonial purposes that has a total
fuel area of five feet or less in diameter and three feet or less
in height and approved by the West Goshen Township Fire Marshal or
their designee.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
CONSTRUCTION AND DEMOLITION WASTE
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging and rubble from construction, remodeling, repair
and demolition operations on a house, commercial or industrial building,
or other structure.
FUEL AREA
The space where materials are being burned.
OPEN BURNING
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. Open burning does not include
smudge pots, road flares and similar devices associated with safety
or occupational uses typically considered open flames or use of patio
wood-burning units.
PATIO WOOD-BURNING UNIT
A chimenea or other similar screened, stacked, enclosed portable
wood-burning device with a spark- or ember-arresting device used for
outdoor recreation and/or heating.
RECREATIONAL CAMPFIRE
An outdoor fire that has a total fuel area of three feet
or less in diameter and two feet or less in height intended for recreation
or cooking but not intended for disposal of construction and demolition
waste, refuse or yard waste.
REFUSE
Any waste material except trees, logs, brush, stumps, leaves
and grass clippings.
SMUDGE POT
A receptacle in which oil or another smoky fuel is burned
to protect an orchard from insects or frost.
YARD WASTE
Trees, logs, brush, stumps, leaves and grass clippings.
Recreational campfires, bonfires and the use of patio wood-burning
units shall be constantly attended by a responsible adult until the
fire is extinguished. A minimum of one portable fire extinguisher
complying with Section 906 of the International Fire Code with a minimum
4-A rating or other approved on-site fire-extinguishing equipment,
such as dirt, sand, water barrel, garden hose or water truck, shall
be available for immediate utilization.
Any fire on public or private property may be extinguished by
the local fire company having jurisdiction, either with or without
the consent of the landowner or person in charge, if, in the opinion
of a police officer, fire personnel, Fire Marshal or the Codes Enforcement
Officer or his designee, such fire constitutes a danger to persons
or property.
Any person who violates or permits the violation of any provisions
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000,
plus the costs of prosecution. In default of payment thereof, the
defendant may be sentenced to imprisonment in the county prison for
a term of not more than 30 days. Each section or provision of this
chapter that is violated shall constitute a separate offense, and
each day or portion thereof in which a violation of this chapter is
found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the District
Justice of not less than $100 and not more than $1,000, plus the costs
of prosecution, or upon default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term of
not more than 30 days. All fines and penalties collected for the violation
of this chapter shall be paid to the Township Treasurer.