[HISTORY: Adopted by the Board of Supervisors of the Township
of East Hempfield 8-5-2015 by Ord.
No. 2015-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance adopted this chapter as
Chapter 131. It was renumbered in order to maintain the alphabetical
organization of the Table of Contents.
This chapter shall be known and may be cited as the "East Hempfield
Township Open Burning Ordinance."
The following words, terms, and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
The tilling of the soil, the raising of crops, forestry,
horticulture and commercial gardening, including the keeping or raising
of livestock and poultry, and including sale of crops and agricultural,
dairy and horticultural farm products incidental to the operation
of a farm. A residential garden shall not be considered under this
definition for purposes of this chapter.
A fire, more than four feet in diameter and/or more than
two feet in height, built in the open air, for warmth, entertainment,
or celebration.
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this chapter, "smoldering" shall have the same meaning
as "burning," and any smoldering shall be deemed a burning.
A fire, less than four feet in diameter and less than two
feet in height, built in the open air, for warmth, entertainment,
or celebration.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
To prepare food by the use of heat and/or flame.
An outdoor fire, the air contaminants from which are emitted
directly into the outdoor atmosphere.
Any individual, public or private corporation, for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
As defined in § 210-14 of the Codified Ordinances of East Hempfield Township.
FABRICATEDA gas grill (propane or natural gas), charcoal grill, chiminea, and/or fire pit commonly available at retail stores, when used in accordance with the manufacturer's instructions.
HOMEMADEA fire ring, fire pit, fireplace, or other similar structure custom made with noncombustible materials such as rocks, stones, blocks, cement, or brick.
The Township of East Hempfield, Lancaster County, Pennsylvania.
As defined in § 210-14 of the Codified Ordinances of East Hempfield Township. For purposes of this open burning ordinance.
A.Â
Permitted open burning. After the effective date of this chapter,
no person may engage in the open burning of material, with the exception
of the following:
(1)Â
A fire set to prevent or abate a fire hazard, when approved by the
Department of Environmental Protection's Regional Air Quality
Program office and set by or under the supervision of a public officer.
(2)Â
Any fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection's
Regional Air Quality Program office.
(3)Â
A fire set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection's Regional
Air Quality Program office.
(4)Â
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of a farm operation
within an Agricultural Zoning District.
(5)Â
A fire set solely for recreational, ceremonial, and/or cooking purposes
using a bonfire, defined within this chapter, when a permit is first
obtained from the Township.
(6)Â
A fire set solely for recreational, ceremonial, and/or cooking purposes
using a Fabricated Structure, as defined within this chapter, when
less than four feet in diameter and less than two feet in height.
(7)Â
A fire set solely for recreational, ceremonial, and/or cooking purposes
using a Homemade Structure, as defined within this chapter, when less
than four feet in diameter and less than two feet in height.
(8)Â
A campfire, as defined in this chapter.
B.Â
Burn bans. It shall be unlawful for any person to open burn during
a ban on open burning. A ban on open burning shall be determined when
prevailing conditions and the interests of public safety mandate a
restriction on open burning. Such bans on burning may be imposed by
the Commonwealth of Pennsylvania, the County of Lancaster, and/or
East Hempfield Township. The Board of Supervisors, or its designee,
shall have the authority to impose a municipal ban on open burning
after consultation with the Fire Chiefs of those fire companies providing
fire protection service to the Township.
C.Â
Further prohibitions on burning. In addition to the above, it shall
also be unlawful to burn:
(1)Â
Within 20 feet of any property line, unless such open burning is
contained to a fabricated structure, as defined within this chapter.
(2)Â
Any and all regulated municipal waste and/or recyclable materials.
(3)Â
Any and all yard waste and/or leaves.
(4)Â
On any public street, alley, road or other public lands without explicit
permission from the East Hempfield Township Board of Supervisors or
its designee.
(5)Â
Between 12:00 a.m. (midnight) and 6:00 a.m., unless done pursuant
to agricultural purposes or when prior approval is granted by the
East Hempfield Township Board of Supervisors or its designee.
(6)Â
Unless supervised by a responsible adult, being an individual 18
years of age or older not impaired from the ability to properly supervise
a fire, who shall remain in proximate attendance until such fire is
completely extinguished, and who shall have suitable extinguishing
materials readily available for use.
A.Â
Enforcing officers. The East Hempfield Township Board of Supervisors,
police officers, Zoning Officer, Building Code Official, Code Enforcement
Officer, Fire Chief of a department with jurisdiction within the Township,
or any other duly authorized agent shall have the power and duty to
enforce the provisions of this chapter.
B.Â
Prima facie violation. Open burning that occurs in such a manner as to cause a nuisance, in the form of smoke, odor, and/or ashes to two or more residents who are in general agreement as to the times and durations of the nuisance and who reside in separate residences, including apartments and condominiums, located across a property boundary from the property on which the source of the nuisance is generated shall be prima facie evidence of an open burning violation. In such case, the enforcing officer may issue a cease order as specified in Subsection C(2).
C.Â
Orders. The Township may issue such orders as are necessary to aid
in the enforcement of the provisions of this chapter. These orders
shall include, but shall not be limited to:
(1)Â
Orders requiring persons to cease unlawful open burning which, in
the course of its occurrence, is in violation of any provision of
this chapter;
(2)Â
Orders requiring persons to cease lawful open burning, which in the
opinion of the enforcing officer is causing a serious fire safety
concern or is a prima facie violation. In such case the persons will
not be subject to penalties if extinguished immediately upon request
by the enforcing officer.
The Township shall, by resolution, set fees for required open
burning permits.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge 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 $25 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.
