[HISTORY: Adopted by the Township Council of the Township of Washington 11-8-2006
by Ord. No. 5-06. Amendments noted where applicable.]
This chapter shall be known as the "Washington Township Open Burning
Control Ordinance of 2006."
The purpose of this chapter is to minimize risk to the health, safety
and welfare of the residents of Washington Township that could be caused by
open burning in certain areas of Washington Township where, because of the
proximity of residences as hereinafter identified, regulated open burning
may cause a public nuisance.
As used in this chapter, the following terms shall have the meanings
indicated:
An outdoor fire used recreationally for cooking or warmth.
The process by which organic solid waste is biologically decomposed
under controlled anaerobic or aerobic conditions to yield a humus-like product.
Any enclosed device specifically designed for the burning of any
material for the production of heat.
Any device specifically designed for the destruction or burning of
combustible material.
Washington Township, Erie County.
Burning or incineration of any material in the out-of-doors or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, syndicate, company, firm,
trust, corporation, department, bureau, agency or other entity recognized
by law as the subject of rights and duties.
Leaves, grass clippings, tree trimmings and branches, chipped shrubbery
and other organic materials.
Except as hereinafter provided, the burning of yard wastes shall be
prohibited in the Angling Acres I through V, Lake Isle Estates subdivisions
and the entire R-3 zoning district. (See attached map of area.[1]) Yard wastes may only be burned on Tuesdays in the above-mentioned
areas as identified on the attached map.
[1]
Editor's Note: Said map is on file in the Township offices.
A.
Bona fide campfires are permitted in any zoning district.
Campfires must be contained to a fire ring, chimenea, or other noncombustible
fire-containment measures (ring of stone, steel ring, etc.).
B.
The burning in a suitable container or pit for the sole
and express purpose of cooking or barbecuing food is permitted in any zoning
district.
C.
This chapter shall not prohibit bonfires at school or
community events or neighborhood/civic organizational activities when the
proper officials of the Fire Department and Township have been notified in
advance of the event and all precautions related to making the event safe
are in place.
D.
Any open burning that would be considered as part of
normal and accepted agricultural operations which do not have a direct adverse
effect on the public health and safety and which are protected under the Act
of June 10, 1982, P.L. 454, as amended, 3 P.S. 951 et seq., commonly referred
to as the Right to Farm Act.
A.
A violation of this chapter or any order issued by the
Township of Washington under this chapter shall constitute a public nuisance.
The Township, through its enforcement officer or the Edinboro Volunteer Fire
Departments Chief Officer, shall have the authority to order any person causing
a public nuisance to abate the public nuisance. When deemed necessary due
to conditions determined by the Chief Officer of the Edinboro Volunteer Fire
Department to be conducive to a dangerous condition, the Chief Officer may
request the Washington Township Council to authorize and to impose temporary
bans on outdoor burning or fires, which bans shall operate to prohibit outside
fires and burning otherwise authorized by this chapter. It shall be unlawful
for any person to burn, or cause or allow to be consumed by burning, any materials
during the term of the burning ban.
B.
This chapter may be enforced by the Township through
an action in equity brought in the Court of Common Pleas of Erie County.
C.
Any person violating the provisions of this chapter shall,
upon conviction therefore by the District Magistrate, be sentenced to pay
a fine not to exceed $300 per violation, and in default thereof, imprisonment
for up to 30 days.
D.
Each day of a violation shall constitute a separate offense
of this chapter.
