[Ord. 2013-05, 11/25/2013, § 1]
This Part shall be known as the "Penn Township Burning Ordinance."
[Ord. 2013-05, 11/25/2013, § 1; as amended by Ord.
2015-08, 12/14/2015, § 1]
A large fire exceeding six feet in diameter, whether contained
or not within a fire pit, or fire ring, built in the open air for
ceremonial or recreational purposes.
A fire contained in an incinerator or non-combustible container
covered with a mesh screen consisting of openings of 1/2 inch or smaller,
or with other suitable non-combustible cover.
A tract of land containing 10 or more acres that is used
for agricultural purposes on which agricultural activities provide
the primary source of income for the residents of the tract.
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
of any combustible material.
A fire not contained in an incinerator or adequately covered
noncombustible container.
Any individual, partnership, association, corporations department,
bureau, agency or legal entity, and the members of such partnership
or association and the officers of such corporation.
The Northern Lancaster County Regional Police Department
or any successor entity whose primary jurisdiction includes the territorial
limits of the Township.
Any member of the Police Department.
A portable, outdoor, solid-fuel burning fireplace that may
be constructed of steel, concrete, clay or other non-combustible material.
A portable outdoor fireplace may be open in design, or may be equipped
with a small hearth opening and a short chimney or chimney opening
in the top. For the purpose of this definition, a portable outdoor
fireplace shall include outdoor patio stoves, chimineas, and other
factory-built novelty stoves.
An outdoor fire burning materials other than rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, portable outdoor fireplace, barbeque grill or barbeque
pit and which does not exceed three feet in diameter and two feet
in height contained within a fire pit, or fire ring, built in the
open air for pleasure, religious, ceremonial, cooking, warmth or similar
purposes.
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 or impede his or her ability to properly supervise a fire.
Solids not considered highly flammable or explosive.
An unmanned airborne lantern that relies upon an open flame
as a heat source to heat the air inside the lantern with the intention
of causing it to lift into the atmosphere; also known as kongming
lantern, whish lantern, sky candle, fire balloon, airborne paper lanterns,
etc. Manned hot air balloons are not a part of this definition.
[Ord. 2013-05, 11/25/2013, § 1; as amended by Ord.
2015-08, 12/14/2015, § 2]
1.Â
The following shall apply to all burning whether contained or open
regardless of purpose unless otherwise noted in this Part:
A.Â
Burning is permitted Monday through Saturday from dawn to dusk. Burning
shall be prohibited on Sunday.
B.Â
All fires shall be attended to at all times by a responsible adult
with readily available means of extinguishing the fire.
C.Â
No fire shall be set within a property's front yard.
D.Â
All fires shall be set back a minimum of 10 feet from side and rear
property lines.
E.Â
No fire shall be set, started, fed, permitted to burn or maintained
where such fire, smoke, and/or by-products may interfere with the
navigation of aircraft, or the safe travel upon any roadway or sidewalk.
F.Â
All fires shall be extinguished thoroughly with no smoldering.
G.Â
No fire shall be permitted to burn whenever drought or extreme weather
conditions exist or when a ban on burning has been placed into effect
by the Commonwealth of Pennsylvania or other competent governmental
body. The Board of Supervisors may prohibit any and all fires when
atmospheric conditions or local circumstances make such fires hazardous.
H.Â
All fires regardless of purpose shall be prohibited from burning
the following:
(1)Â
Burning of common household garbage or rubbish. These items
include, but are not limited to, rags, old clothes, leather, rubber,
carpets, furniture, crockery, masonry, and other similar items.
(2)Â
Burning of construction debris, Styrofoam, aerosol cans, by-products
of manufacturing and processing operations and wastes from commercial
and industrial operations is strictly prohibited.
(3)Â
Burning of any material listed as a designated recyclable item under § 20-104, the "Penn Township Recycling Ordinance" [Chapter 20, Part 1]. These items include clear and colored glass, aluminum and steel cans, plastics, newsprint, tires and white goods. White goods are defined as large appliances weighing more than 50 pounds.
(4)Â
Nothing herein shall be construed to permit or encourage the
burning of any substance determined by the Commonwealth of Pennsylvania
or the United States Environmental Protection Agency to be a "hazardous
substance"; nor shall any fire be permitted to burn by any persons
if such burning is in violation of the Air Pollution Control Act,
35 P.S. § 4001 et seq., or other legislation by the Commonwealth
of Pennsylvania or the United States of America or any of their legislative
agencies.
(5)Â
Fires shall be used only to burn readily combustible materials.
I.Â
No person shall ignite, launch or otherwise release any sky lantern
within the Township.
[Ord. 2013-05, 11/25/2013, § 1]
Contained fires shall not be permitted closer than 15 feet from
any building, structure, and/or roadway with the exception of fires
contained within properly operated cooking grills and barbecues and
portable outdoor fireplaces. The use of cooking grills and barbecues
and portable outdoor fireplaces shall be in accordance with the manufacturer's
instructions.
[Ord. 2013-05, 11/25/2013, § 1]
Open fires, other than recreational fires, shall not be permitted
closer than 50 feet from any combustible material, building, structure,
and/or roadway. Exception: The minimum required separation distance
shall be 25 feet where the pile size is three feet or less in diameter
and two feet or less in height. For open fires where the pile size
is greater than three feet in diameter and greater than two feet in
height, a responsible adult shall contact Lancaster County-Wide Communications'
non-emergency dispatch prior to the commencement of the open fire.
[Ord. 2013-05, 11/25/2013, § 1]
1.Â
Bonfires and recreational fires shall be allowed to be kindled from
dusk to dawn Sunday through Saturday provided that the following requirements
are met:
A.Â
All bonfires shall be located a minimum of 50 feet from any combustible
material, building, structure, roadway, and/or property line. All
recreational fires shall be located a minimum of 25 feet from any
combustible material, building, structure, and/or roadway.
B.Â
For bonfires only, proof of notification to the Fire Chief of the
fire company providing fire service to the location of the bonfire
shall be provided to the Township. The Township shall in turn issue
a permit for the bonfire. A bonfire permit is valid for one bonfire
only and the cost of said permit shall be set by resolution of the
Board of Supervisors.
[Ord. 2013-05, 11/25/2013, § 1]
1.Â
A burning permit is required for all bonfires, applicable open fires, and all contained fires that occur at any time except as set forth in § 10-104. A burning permit is valid for one burn only and the cost of said permit shall be set by resolution of the Board of Supervisors. The following are exempt from permitting:
B.Â
Fires set for the purposes of disposing of crop residue, brush, woody debris, shrubs, trees, and other natural vegetation consistent with agricultural, horticultural, land conservation maintenance and management practices conducted on a farm within any zoning district, or a non-farm parcel over 10 acres, in agricultural, residential or industrial zoning districts that meet the requirements of §§ 10-103 and 10-105 of this Part.
[Amended by Ord. No. 2020-06, 12/14/2020]
C.Â
Fires set that are consistent with accepted agricultural, horticultural, and forest management practices to control insects, diseases, and other pests or for crop frost mitigation conducted on a farm within any zoning district, or a non-farm parcel over 10 acres, in agricultural, residential or industrial zoning districts that meet the requirements of §§ 10-103 and 10-105 of this Part
[Amended by Ord. No. 2020-06, 12/14/2020]
D.Â
Fires set within a grill or barbecue used in accordance with the
manufacturer's instructions solely for the cooking of food.
E.Â
Fires set within portable outdoor patio fireplaces used in accordance
with the manufacturer's instructions.
G.Â
Fires set for approved and permitted fire services training activities.
[Ord. 2013-05, 11/25/2013, § 1]
The Board of Supervisors may declare a fire ban emergency in
the Township with or without consultation with the fire chiefs of
the fire companies operating within the Township during period of
drought, or other periods of high fire risk to woodlands or property
within the Township. Upon the Board of Supervisors declaring a fire
ban emergency, all outdoor burning or fires shall be prohibited until
the Board of Supervisors lifts the ban. The Township shall publish
a notice of the fire ban emergency at least once in a local newspaper
of general circulation. In addition, the Township may issue news releases
to all communication media, including radio, television and newspapers.
[Ord. 2013-05, 11/25/2013, § 1]
It is a violation of this Part for any person to allow any fire
to burn under adverse weather conditions or unsupervised or otherwise
in an unsafe manner or as an uncontrolled fire. Any person on a property
where a fire is burning under adverse weather conditions, unsupervised
or otherwise in an unsafe manner as an uncontrolled fire or otherwise
in violation of this Part shall extinguish such outdoor fire immediately
upon the request of the Code Enforcement Officer, a police officer,
or any member of an authorized fire company which has been called
to the property. Failure to extinguish such outdoor fire upon such
a request is a violation of this Part. If no person is on such property
or if such person refuses to or cannot otherwise extinguish the fire
upon request of the Code Enforcement Officer, police officer, or any
member of an authorized fire company, such Code Enforcement Officer,
police officer or any member of an authorized fire company may take
all appropriate action to extinguish the fire.
[Ord. 2013-05, 11/25/2013, § 1]
The Code Enforcement Officer, any police officer, and any members
of an authorized fire company shall have the power to enforce any
provision of this Part. The Board of Supervisors specifically authorizes
the Code Enforcement Officer to issue citations to enforce this Part.
[Ord. 2013-05, 11/25/2013, § 1; as amended by Ord. No. 2020-06, 12/14/2020]
1.Â
If the Code Enforcement Officer, any police officer, or any member
of an authorized fire company determines that a person has committed
or has permitted the commission of a violation of this Part, the Code
Enforcement Officer may inform such person in writing of the violation,
may notify such person to cease the violation of this Part, and may
inform such person that he or she must pay a penalty to the Township
within the range of amounts set forth below to settle the violation.
The penalty for the first offense shall be $200; the penalty for the
second offense shall be $500; and the penalty for a third or greater
offense shall be $600. If such person fails or refuses to remit the
penalty to the Township within 10 days from the date of the written
notice of violation of this Part, the Township may institute summary
criminal proceedings and/or may commence an action in equity.
2.Â
Any police officer or the Code Enforcement Officer may enforce this
Part by the issuance of a citation. Any person who shall violate any
provision of this Part, 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 $500
nor more than $1,000 plus costs. 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.
3.Â
No penalty herein shall prevent the Township from enforcing this
Part by equitable, injunctive or other remedies.
[Ord. 2013-05, 11/25/2013, § 1]
The Board of Supervisors, and its agents, officials, and representatives,
shall not under any circumstance be liable or responsible for damages
caused to any person or property by reason of the issuance of any
permit under the provisions of this Part, or by reason of the conduct
of any burning activity in compliance or noncompliance with the terms
and provisions hereof. The person responsible for any such fire and
the permit holder shall bear sole liability for any damages caused
as a result thereof.
