[HISTORY: Adopted by the Board of Commissioners
of the Township of South Whitehall 6-14-1965 by Ord. No. 35; amended
in its entirety 7-3-1990 by Ord. No. 488. Subsequent amendments
noted where applicable.]
This chapter shall be known as the "Burning
Ordinance."
The following words, terms and phrases, when
used in this chapter, shall have the following meanings:
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
All fires kindled or maintained outside of a building and
shall include all fires maintained in containers, enclosures, barrels
or devices commonly known as "burn barrels." Open fires also include
brush fires or field fires which are not confined by any type of container
or enclosure.
Those fires which are kindled or maintained for the sole
purpose of food preparation, which use charcoal, natural gas or liquefied
petroleum gas as a fuel or heat source.
Also known as "outdoor wood-fired furnaces," "outdoor wood-burning
appliances," or "outdoor hydronic heaters," "water stoves," etc.
[Added 11-7-2012 by Ord. No. 963]
A fuel-burning device:
Designed to burn clean wood or other approved solid fuels;
That the manufacturer specifies for outdoor installation or
for installation in structures not normally intended for habitation
by humans or domestic animals, including structures such as garages
or sheds; and
Which heats building space and/or water through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
An outdoor wood-fired boiler shall not be considered to be an indoor heating appliance under § 126-4B.
Includes persons, partnerships, corporations and other business
entities.
Solids not considered to be highly flammable or explosive,
including, but not limited to, rags, old clothes, leather, rubber,
carpets, wood, excelsior, paper, ashes, tree branches, tree leaves,
crockery, masonry and other similar materials.
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry,
including, but not limited to, plastic products, cartons, paint, grease,
oil and other petroleum products, chemicals, cinders and other waste
forms of solid or liquid waste materials; provided, however, that
trade waste shall not include any coal refuse associated with the
mining or preparation of coal.
[Amended 11-7-2012 by Ord. No. 963]
A.
No person
shall kindle or maintain any bonfire or fire which burns garbage,
rubbish or trade waste or authorize any such fire to be kindled or
maintained on or in any public street, alley, road or other public
ground, or on private property. This limitation shall include any
and all open fires and other outdoor fires which are kindled or maintained
in containers, enclosures, barrels, incinerators or devices commonly
known as "burn barrels."
B.
No person
shall install, use, operate, or maintain an outdoor wood-fired boiler
in South Whitehall Township.
The provisions of this chapter shall not apply
to the following:
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine not to exceed $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.
