[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy 9-20-2007 by Ord. No. 2007-2. Amendments noted where applicable.]
The purpose of this chapter is to prevent needless public damage to life and property because of public and private nuisances caused by outdoor fires deliberately or carelessly set and maintained without regard for conditions existing at the time.
The Board of Supervisors hereby acknowledges and states its approval of Ordinance No. 4 of 1993, effective August 18, 1993, as adopted by the Commissioners of Adams County, Pennsylvania, entitled "An Ordinance of Adams County, Pennsylvania, Establishing a Fire Prevention Bureau in the County of Adams, and Setting Forth Fire Prevention Measures, and Penalties for the Violation of the Same."
For the purposes of this chapter, the following terms shall have the meanings indicated:
- The Chairman or Chairwoman of the Board of Supervisors of Mount Joy Township or, in the absence of such Chair, the Vice Chair, in the absence of the Chair and the Vice Chair, the Township's Emergency Management Director.
- CHIEF OF FIRST-DUE FIRE COMPANY
- The Chief or, in the absence of the Chief, any other officer of a volunteer fire company serving in the capacity of the Chief.
- COUNTY FIRE MARSHAL
- The person appointed to the position of Fire Marshal by the Board of Commissioners of the County of Adams, Pennsylvania.
- The prohibition, restriction or other banning of outdoor burning adopted pursuant to this chapter.
- FIRST-DUE FIRE COMPANY
- The volunteer fire company authorized by the Township of Mount Joy to provide firefighting services in the Township and authorized to be the primary responder to a fire or other emergency requiring such services when such services are deemed necessary in some portion of the Township (as is often designated by box cards filed with the County Control Center).
- OUTDOOR BURNING
- The setting, maintaining or permitting of any fire outside of a building. Excluded from outdoor burning is the use of contained, and Underwriters Laboratories® approved, external heating systems and incineration systems.
In addition to the power granted to the Adams County Fire Marshal to declare a ban on outdoor burning, as provided in the Adams County Ordinance No. 4 of 1993, the Township shall have the power to declare a ban on all outdoor burning pursuant to the following procedures:
Declaration by Chair of the Board of Supervisors. At any time the Chair of the Board of Supervisors of the Township determines that, due to climatic or other conditions, outdoor burning as otherwise prescribed in the aforesaid county ordinance presents a threat to the health, safety and welfare of the Mount Joy community or any part thereof, the Chair may impose a prohibition on any and all outdoor burning in the Township or a part thereof.
Declaration by Chief of first-due fire company. At any time the Chief of a first-due fire company determines that, due to climatic or other conditions, outdoor burning as otherwise prescribed in the aforesaid county ordinance presents a threat to the health, safety and welfare of the Mount Joy community or any part thereof, said Chief may seek a prohibition on any and all outdoor burning in the portion of the Township served by his or her fire company. Said Chief shall contact the Chair of the Board of Supervisors and obtain the Chair's concurrence with the prohibition for the prohibition to be effective. Such concurrence may be oral or written.
Notice of prohibition. Whenever a prohibition on outdoor burning is declared pursuant to this section, the Chair shall notify the Township Secretary or other staff person of the declaration. The declaration shall be publicized by means of notices to one or more newspapers of general circulation in the Township, by notices to radio stations serving the Township and by placement of notices of the prohibition on any electronic communications system generally used by the Township (such as a Web site and/or broadcast e-mailing list).
Review of declaration by Board of Supervisors. Whenever a declaration pursuant to this section is imposed and the declaration occurs outside of a publicly held Board of Supervisors meeting, the declaration shall be able to be reviewed by the Board of Supervisors at its next-occurring public meeting. The issue of the need for the declaration may be raised at the next-occurring public meeting by any Supervisor or by any aggrieved person. Should a challenge to the declaration be raised, the Board shall seek a statement from the declarant of the reasons for the declaration. The Board of Supervisors may then uphold or revoke the declaration.
Effect on County Fire Marshal's authority. Nothing in this section shall be deemed to diminish the authority of the County's Fire Marshal to declare a ban on outdoor burning or subject the County Fire Marshal's outdoor burning ban to review by the Board of Supervisors of the Township.
It shall be unlawful to conduct outdoor burning when a declaration, as instituted in accordance with this chapter, is in effect. Any person, firm, corporation, association or other entity who shall violate the restriction, prohibition and ban on outdoor burning that may be declared pursuant to this chapter shall, upon conviction, be sentenced to pay a fine of no more than $1,000, the costs of prosecution and the Township's attorney fees. Each day that a violation occurs shall be deemed a separate offense.