It is against public policy to permit uncontrolled
and unrestricted outdoor burning. The purpose of this chapter is to
prevent needless public damage to life and property because of public
and private nuisances caused by outdoor fires deliberately or carelessly
set and maintained.
For the purposes of this chapter, the following
words and terms shall have the meanings ascribed to them herein:
CONTAINED FIRE
Any fire contained in an incinerator, burn barrel, fireplace
or cooking grill or other contained enclosure designed for outdoor
cooking, or a fireproof container.
ENFORCEMENT OFFICER
The Fire Chief of the Lehigh Township Volunteer Fire Company
No. 1, any member of the Lehigh Township Police Department, and the
Lehigh Township Code Enforcement Officer shall be designated enforcement
officers under this chapter. Any citation must be issued by a police
officer.
FIRE
Any fire set or maintained outside of a building at any stage,
including, but not limited to, smoldering or open flame.
LEAF WASTE
Leaves from trees, tree trimmings, shrubbery, garden residue
or similar material. Grass clippings shall not be included in this
definition.
[Added 10-26-2010 by Ord. No. 2010-11]
PERSON
Any individual, partnership, organization, association, agency,
firm, estate, or corporation and any other legal or commercial entity.
RESPONSIBLE ADULT
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.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling. The term is limited
to clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, plastics and
other marketable grades of paper.
[Added 10-26-2010 by Ord. No. 2010-11]
UNCONTAINED FIRE
Any fire not included in the definition of a "contained fire"
or a "recreational fire."
No person shall set, start, feed, permit to
burn or maintain any fire upon any of the streets, sidewalks, alleys
or public grounds in Lehigh Township, except where a designated area
has been set aside or reserved for this purpose and an appropriate
container has been provided to contain such fire.
It is a violation of this chapter for any person
to allow any fire to burn under adverse weather conditions or unsupervised,
or otherwise in an unsafe manner. Any such fire may be extinguished
by an official of the Township-designated Fire Company or the Township
Police Department or the Township Code Enforcement Officer or shall
be extinguished immediately upon request of such official by the property
owner or his or her authorized representative.
No penalty herein shall prevent the Township
from enforcing this chapter by equitable, injunctive and other remedies.
The Township of Lehigh and its agents, officials,
and representatives, shall not, under any circumstances, be liable
or responsible for damages caused to any person or property by reason
of the provisions of this chapter, or by reason of conduct of any
burning activity in compliance with the terms and provisions of this
chapter. The individual person or party responsible for any such fire
shall bear sole liability for any damages caused as a result thereof.