[1][HISTORY: Adopted by the Board of Supervisors of Fairview
Township 5-12-1999 by Ord. No. 99-1. Amendments noted where applicable.]
The purpose of this chapter is to prevent safety hazard caused
by open burning during drought or other dry conditions and to avoid
unnecessary calls or alarms to local fire departments.
Certain words and phrases shall have the meaning ascribed to
them as follows:
Any fire set or maintained outside of a building other than
a gas or charcoal fire used solely for cooking purposes.
A.
No fire shall be set or maintained on any public road or public right-of-way.
B.
No fire shall be permitted to burn wherever or whenever drought or
extreme weather conditions exist or when a ban on burning has been
placed into effect by the Commonwealth of Pennsylvania, the County
of Erie, the Supervisors of Fairview Township or the Fire Chief of
the Fairview Township Volunteer Fire Department. Notice of such restriction
shall be given by notice in a paper of general circulation within
Fairview Township and by posting a notice at the Township Office or
by giving such other notice as the Township Supervisor or Fire Chief
shall deem appropriate under the circumstances, including individual
notices.
C.
Any fire or uncontained fire which is permitted to burn in an unsafe
manner or in adverse weather conditions, or which is determined to
be unsafe by the Chief or Deputy Chief of the Fairview Township Volunteer
Fire Company, shall be extinguished immediately upon demand by such
official.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not less than $50 nor more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
[Amended 11-7-2012 by Ord. No. 2012-4]
B.
In addition to the remedies set forth above, this chapter may be
enforced through an action in equity in the Court of Common Pleas
of Erie County, Pennsylvania.
All fines levied, assessed and paid under the terms of this
chapter shall be payable by the Magisterial District Judge to the
Treasurer of the Township for the general use of the Township.
