[HISTORY: Adopted by the Board of Supervisors of the Township
of Jackson 6-7-2022 by Ord. No. 226-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 50,
Burning, Open; Outdoor Fires, adopted 5-7-2013 by Ord. No. 197-13.
For the purposes of this chapter, the following words and phrases
have the meanings given herein:
All vegetative garden residue, shrubbery and tree trimmings,
exclusive of grass clippings.
A controlled fire in which any material is burned in the
open.
The elected chief of Nashville Volunteer Fire Company or
any other fire department officially recognized by Jackson Township.
The Jackson Township Fire Marshal appointed by the Board
of Supervisors from time to time.
Any enclosed device specifically designed for burning any
material for the production of heat.
Leaves, tree trimmings of less than 1/4 inch in diameter
and not more than 10 inches in length and similar material, but not
including grass clippings and/or brush.
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. A chamber shall be regarded as
enclosed when, during the time combustion occurs, only apertures,
ducts, stacks, flues or chimneys necessary to provide combustion air
and permit the escape of exhaust gas are open. Open burning does not
include road flares, smudge pots and similar devices associated with
safety or occupational uses typically considered open flames, recreational
fires or use of outdoor fireplaces.
Any fire contained in an incinerator, fireplace or other
contained enclosure designed for outdoor cooking.
An outdoor, solid-fuel-burning fireplace that may be constructed
of steel, brick, concrete, clay or other noncombustible material.
It may be open in design or may be equipped with a small hearth opening
and a short chimney or chimney opening in the top.
Any individual, partnership, association, corporation, department,
bureau, agency or legal entity of any nature whatsoever.
An outdoor fire burning materials other than brush, leaves,
refuse and recyclable materials where the fuel being burned is not
contained in an incinerator, outdoor fireplace, barbeque grill or
barbeque pit and has a total fuel area of three feet or less in diameter
and two feet or less in height for pleasure, religious, ceremonial,
cooking, warmth or similar purposes.
Those materials designated by the Township and its contracted
refuse handler as being eligible for collection under its current
refuse/recycling criteria.
Garbage, rubbish and trade waste, not including recyclable
materials.
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
A person shall not start or maintain or authorize to start or
maintain any open burning or outdoor fire unless conducted and approved
in accordance with this chapter.
No person or persons, firm, corporation, partnership, or association
shall set or maintain any fire upon any of the streets, sidewalks,
alleys or public grounds in the Township of Jackson.
Outdoor fires, open burning, recreational fires and controlled
burns of any kind shall be permitted only upon private property in
Jackson Township, provided that the following regulations and restrictions
are strictly adhered to:
A.Â
Permit required. At least three business days prior to igniting any
open burn, controlled burn or commercial bonfire, any person who intends
to ignite such fire shall apply for a permit from Jackson Township.
The permit shall be submitted to Jackson Township, who shall forward
the completed permit to the Fire Chief for review and approval. At
a minimum, the permit application shall require the name of the person
or persons igniting the fire, the address at which the fire will be
ignited, the date and time the fire is to be ignited, a weather date
for the fire if the fire cannot be ignited on the proposed date, the
cell phone number for all adults who will supervise the fire and the
name and contact information of the owner of the property on which
the fire will be ignited, if different from the person who will be
igniting the fire. The Fire Chief may deny the permit based on existing
weather or drought condition. Jackson Township may impose a permit
fee to be set by resolution of the Board of Supervisors, from time
to time.
B.Â
Any person who intends to ignite open burning, a controlled burn,
or ceremonial bonfire shall, immediately prior to igniting and immediately
following extinguishing the fire or burn, notify York County Control
by calling 911 and informing the operator of the location of the supervised
fire.
C.Â
No open burning shall be allowed to burn within 50 feet of any building
or property line.
D.Â
No fire shall be allowed to burn across property lines.
E.Â
No fire, except recreational fires and ceremonial bonfires, shall
be allowed to burn on any day between sunset and sunrise.
F.Â
No fire shall be allowed to burn unless supervised by a responsible
adult, which adult shall regulate and control the burning throughout
the entire time the fire is in existence or when any embers are capable
of reigniting. It is the intent of this section that no fire shall
be left unattended at any time.
G.Â
No refuse, brush, leaves, recyclable materials, wet garbage, or other
matter which may smolder shall be burned in any fires. Further, no
construction or building materials may be burned in any fires.
H.Â
Recreational fires for pleasure, religious or ceremonial purposes, cooking, warmth or similar purposes are permitted as long as the total fuel area is three feet or less in diameter, two feet or less in height and is at least 25 feet from a building or combustible material and at least 25 feet from a property line. Any controlled fire in an outdoor fireplace being burned in an approved container that is not less than 25 feet from any building or 25 feet from any property line is also permitted. Any person igniting a fire in accordance with this Subsection H shall not be required to obtain a permit or to notify York County Control as provided in Subsections A and B above.
I.Â
Ceremonial bonfires shall not be conducted within 100 feet of a building
or combustible materials or within 100 feet of a property line.
J.Â
All fires shall be properly extinguished through use of fire extinguishers,
dirt, sand and/or water when their function is complete to eliminate
all embers that may be capable of reigniting. Means of extinguishing
shall be readily available at the fire site throughout the time of
burning.
With the exception of § 50-4A, B, F, G and J which shall apply, the requirements of §§ 50-3 and 50-4 of this chapter shall not apply where the open burning operations result from:
A.Â
Any controlled fire set to prevent or abate a fire hazard when approved
by the Fire Marshal or a Fire Chief and set and supervised by the
Fire Marshal or a Fire Chief or someone designated by one of them.
B.Â
Any controlled fire set for the purpose of instructing personnel
in firefighting, when approved by the Fire Marshal or a Fire Chief
and supervised by a responsible adult.
C.Â
Any fire set for the prevention and control of disease or pests when
approved by the Pennsylvania Department of Environmental Protection
or its designee.
D.Â
Any controlled fire associated with road flares, smudge pots and
similar devices related to safety or occupational uses.
E.Â
Any controlled fire set by a person engaged in agricultural activities
or farming for the purpose of field maintenance and perimeter integrity
of existing fields only, including but not limited to the burning
of trimmings or vegetation for such purpose. This exception shall
not include a controlled fire set to clear new fields, expand existing
fields or to burn materials incident to agricultural or farming activities.
The Fire Marshal or Fire Chief is authorized to order the extinguishment
by the property owner or person responsible for the fire of any open
burning or outdoor fire that creates or adds to a hazardous or objectionable
situation. In the event the property owner or person responsible for
the fire fails to extinguish such open burning or outdoor fire as
directed by the Fire Marshal or Fire Chief, the Fire Department shall
be authorized to extinguish such open burning or outdoor fire.
If the Fire Department is called to respond to an incident involving
a fire not in compliance with this chapter or an out-of-control open
burn or outdoor fire, the Fire Marshal or Fire Chief shall have the
authority to bill the responsible person for reasonable costs incurred
in responding to and extinguishing the fire.
A.Â
The enforcement authority for this chapter is hereby vested in the
Fire Chief, Fire Marshal or the Northern York County Regional Police
Department or its successor in provision of law enforcement service
to Jackson Township.
B.Â
Any person who or which violates or permits the violation of any
provision of this chapter more than once shall, upon conviction thereof
in a summary proceeding before a Magisterial District Justice, be
sentenced to pay a fine of not more than $1,000 plus costs, including,
but not limited to, the costs of the proceeding and attorney fees
incurred by the Township to enforce this chapter, or, in default thereof,
shall be imprisoned to the extent allowed by law for the punishment
of summary offenses.
C.Â
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the Township.
