[Ord. 33, 10/28/1959; as amended by Ord. 147, 11/26/1985;
as amended by Ord. 169, 10/10/1989, § 1; and by Ord. 224,
5/28/1996, § 1]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
A mechanical device which forcefully projects a curtain of
air across a pit in which open burning is being conducted so that
combustion efficiency is increased and smoke and other particulate
matter are contained.
The Board of Supervisors of the Township.
Trees, shrubs and other native vegetation which are cleared
from land during or prior to the process of construction. The term
does not include demolition wastes and dirt-laden roots.
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
(NFC Vol. 7, Sec. 82, Chap. 2) of refuse, sewage sludge, or any other
combustible material.
Any material of an organic matter which can decompose.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
A container in which all materials to be burned are placed.
A fire which has been preapproved by representatives of North
Strabane Township as set forth in this Part for purposes of limited
outdoor recreational use such as a cookout and scouting activities.
Garbage, rubbish and trade waste.
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, yard trimmings,
furniture, tin cans, glass, crockery, masonry and other similar materials.
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
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 forms of solid or liquid waste materials, provided that
"trade waste" shall not include any coal refuse associated with the
mining or preparation of coal.
[Ord. 33, 10/28/1959; as amended by Ord. 147, 11/26/1985;
by Ord. 169, 10/10/1989, § 2; and by Ord. 224, 5/28/1996,
§ 2]
The North Strabane Township Manager, Code Enforcement Officer
or designated Township Fire Official shall have the power and duty
to enforce the provisions of this Part.
[Ord. 33, 10/28/1959; as amended by Ord. 147, 11/26/1985;
by Ord. 169, 10/10/1989, §§ 3, 4, 5; by Ord. 224, 5/28/1996,
§ 3; and by Ord. 307, 4/18/2006]
1.
All open burning in North Strabane Township shall comply with the
Commonwealth of Pennsylvania, Pennsylvania Code, Department of Environmental
Protection, Title 25, Open Burning Operations; where there are any
conflicts with this Part, the strictest regulations of either Title
25 or this Part shall apply in order to best serve the interests of
citizens of North Strabane Township regarding health, safety and protection
from the annoyance of open burning. In addition, all open burning
shall comply with the following:
A.
Requests for open burning.
(1)
Requests for open burning for commercial/industrial clearing and
grubbing shall be submitted, in writing, to the Board of Supervisors
at least five days prior to a regular nonlegislative meeting so that
the Supervisors can act on the request at their legislative meeting.
The written request shall contain information regarding the purpose
of the proposed burning, the type and quantity of the material, the
location of the burning and the date(s) and time of burning. All commercial/industrial
burning for the purpose of clearing shall be performed with the use
of an air curtain destructor if the request is approved by the Board
of Supervisors.
(2)
If the air curtain destructor is not used properly and the Township
responds to complaints confirming the improper use of the air curtain
destructor, the approval will be revoked immediately by the Township
Manager or the Township Code Enforcement Officer. If the approval
of an air curtain destructor is either revoked or denied, the alternate
methods of clearing shall be to grind/shred, haul the material out,
or pre-log the area to be cleared. In this regard, the Manager or
the Code Enforcement Officer is authorized to coordinate the alternate
methods of clearing.
B.
No person shall ignite or feed an open fire for the destruction of
refuse, destruction of any structure (as defined by North Strabane
Township Ordinances) or in the conduct of a salvage operation, or
the destruction of trade waste in any public or private place outside
any building.
C.
No person shall cause, suffer, allow or permit the maintenance of
any open fire for the destruction of refuse or in the conduct of a
salvage operation or the destruction of trade waste on any property
under his control outside of any building.
2.
Exceptions. Open fires may be set, provided:
B.
Open fires may be set, provided:
(1)
All fires must be confined to a burning receptacle, furnace or incinerator.
(2)
Branches and other nonputrescible vegetable matter only are burned
and that the fire is constantly attended by a competent adult person
18 years or older, until such fire is completely extinguished.
(3)
No hazardous or other objectionable condition will be created by
such burning.
(4)
No such burning is allowed on any street or sidewalk within the Township.
(5)
All such burning shall be permitted only during the hours of 7:00
a.m. until 7:30 p.m., at which time said burning shall be completely
extinguished.
(6)
Such burning is not conducted on Sundays or holidays (except for
recreational fires).
3.
Exceptions. Recreational fires may be allowed upon a verbal or written
request submitted to the Township at least 24 hours in advance of
the scheduled time of the anticipated start time of the recreational
fire. Any such approval shall be at the sole discretion of the Township
Manager, Code Enforcement Officer or designated Township fire official.
[Added by Ord. 147, 11/26/1985]
In all nonagricultural areas of the Township, open burning may
be conducted only in incinerators.
[Added by Ord. 147, 11/26/1985]
No materials may be transported from one location to another
into or within the Township to be burned.
[Ord. 33, 10/28/1959; as amended by Ord. 147, 11/26/1985;
by Ord. 169, 10/10/1989, § 6; and by Ord. 224, 5/28/1996,
§§ 4, 6]
1.
Grant of power. The Board of Supervisors is authorized to prohibit
open fires or fires in incinerators when, in the sole discretion of
the Board, the public health, safety and/or welfare will be aided
by such prohibition. In addition, the Township Manager, after consulting
with the Board of Supervisors, shall have the power to prohibit open
burning in emergency situations until the Board of Supervisors can
formally act on the prohibitions.
2.
Procedure.
A.
Upon motion at any regular or special meeting of the Board, the Board
may prohibit open fires or fires in incinerators either for a period
of time specified in the motion or until further motion of the Board
either modifying or revoking the prohibition.
B.
Any person violating the prohibition shall be first informed by the
Township Manager, Code Enforcement Officer or designated Township
fire official or his designee of the prohibition and directed to completely
extinguish the illegal burning forthwith. Only upon failure to comply
with said directive and/or upon the ignition of another fire shall
the penalties of this Part become applicable to said person or failure
to comply with the prohibition.
[Ord. 33, 10/28/1959; as amended by Ord. 147, 11/26/1985;
by Ord. 169, 10/10/1989, § 7; by Ord. 224, 5/28/1996, § 5;
and by Ord. 240, 10/28/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $600 nor more than $1,000,
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Whenever any person violating
any of the provisions of this Part is notified of such violation,
in writing, by the Township Manager or Code Enforcement Officer, each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
[Ord. 33, 10/28/1959; as amended by Ord. 147, 11/26/1985;
and by Ord. 169, 10/10/1989, § 8]
This Part shall become effective five days after its enactment
and adoption.
