[HISTORY: Adopted by the Board of Supervisors of the Township
of Metal as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 14.
[Adopted 6-3-1964]
This chapter shall be known and cited as the "Metal Township
Solid Waste Controls."
The purpose of this chapter would be to remedy the following:
No person shall within the limits of Metal Township in Franklin
County, Pennsylvania, maintain, or on any property of which he/she
is in possession or which is under his/her control cause or allow
to be maintained, any dump, garbage pile, or other place for the deposit
of ashes, garbage, rubbish or other refuse material, without causing
such garbage, ashes, rubbish or refuse matter to be covered over with
dirt to a depth of at least six inches within a period of 18 hours
after the refuse materials, rubbish, garbage or ashes shall have been
placed upon the property.
No person shall within the limits of Metal Township maintain,
or on any property of which he/she is in possession or which is under
his/her control cause or allow to be maintained, any dump, garbage
pile or other place for the deposit of ashes, garbage, rubbish or
other refuse material in such a way as to cause to allow any such
materials to be blown about by the wind, or otherwise scattered on,
upon, or about any land not then being used for such dump, garbage
pile or place for the deposit of ashes, garbage, rubbish or other
refuse material.
No person within the limits of Metal Township shall dump, throw,
or otherwise deposit any ashes, garbage, rubbish, or other refuse
material within the right-of-way of any public street or road.
As used herein "person" means a natural person, corporation,
partnership, or unincorporated association. Whenever used in any clause
or provision hereof prescribing or imposing a penalty, or both, the
term "person," as applied to a partnership or unincorporated association,
shall mean the partners or members thereof, and as applied to a corporation,
shall mean the officers thereof.
[Adopted 1-28-2002 by Ord. No. 2002-3]
This article shall be known and may be cited as "Metal Township
Outdoor Burning Controls."
The following words and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates or requires a different or contrary
meaning:
Material permitted to be burned outdoors will exclude all
municipal waste materials required to be properly disposed of under
local, state, and federal solid waste management and recycling regulations.
Any natural person or persons, partnership, association,
corporation, firm, fictitious name or any other individual or business
entity or their agents.
All those items set forth in § 20-11A(1)-(6).
The same meaning as "burning," and any smoldering shall be
deemed a burning.
No person shall set, cause to be set, maintain or permit to
be maintained any fire of any kind, including the burning of any prohibited
material, upon any of the streets, sidewalks, alleys, or public grounds
in Metal Township, unless specifically authorized by the Board of
Supervisors or its appointed agent, or, in the case of the municipal
parks, in appliances designed for the preparation of food.
No person shall cause or permit to be caused any outdoor or
open burning of any kind, including the burning of prohibited material,
upon any private property owned or occupied in Metal Township, except
under the following conditions:
A.
No outdoor or open burning of any municipal waste material regulated
by local, state, or federal solid waste management and recycling control
procedures or hazardous waste materials shall be permitted, including,
but not limited to:
(1)
Tires, rubber, plastic, fiberglass materials.
(2)
Upholstered furniture, mattresses, box springs.
(3)
Building materials containing petroleum-based products, including,
but not limited to, shingles, roll roofing, tar paper (felt), foam
sheathing, insulation, vinyl siding and floor covering, carpet, plastic
pipe, fiberglass materials, plumbing fixtures, packing materials.
(4)
Waste oil, paint, thinners, solvents, house cleaning products.
(5)
Pesticides and herbicides.
(6)
Electrical components and wiring.
B.
All outdoor and open burning shall occur between sunrise and sunset.
C.
No outdoor and open burning shall be permitted which shall cause
a nuisance to any nearby neighbor, including, but not limited to,
excessive smoke, fumes and/or debris on the neighbor's property.
D.
No outdoor and open burning or smoldering shall be permitted between
sunset and sunrise.
E.
All burning must be contained and in a controlled manner. Closed
commercial incinerators shall be permitted for industrial or commercial
use, provided that the Commonwealth of Pennsylvania, Department of
Environmental Protection ("DEP"), the United States Environmental
Protection Agency and the Fire Chief of Metal Township properly permit
them. The Township Fire Chief shall annually inspect such incinerators
to determine whether or not they are being operated in a satisfactory
manner. No incinerator shall be installed or operated within the Township
unless and until it has been properly permitted as set forth above.
F.
All fires shall be maintained and kept under the supervision of an
adult person actually at the scene of the fire at all times.
G.
All fires must be entirely extinguished and not permitted to burn
or smolder after sunset.
H.
Exceptions. The requirements of Subsections D through G do not apply where the open burning operations do not create a nuisance or safety hazard as may be determined by Township Official and result from:
(1)
A fire set to prevent or abate a fire hazard, when approved by the
DEP, or other appropriate state or federal agency, and set by or under
the supervision of a public officer.
(2)
Any fire set for the purpose of instructing personnel in firefighting
when approved by the DEP, or other appropriate state or federal agency.
(3)
A fire set for the prevention and control of disease of pests, when
approved by the DEP, or other appropriate state or federal agency.
(4)
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation.
(5)
A fire set solely for recreational purposes.
(6)
A fire set solely for cooking food.
(7)
A fire set in order to clear land, provided that the proper authorities
are notified in the controlled burn.
The Board of Supervisors, by resolution, when it is deemed to
be in the interest of public health and safety, may impose a temporary
partial or full ban on burning, including, but not limited to, the
following: open burning, burning in receptacles, campfires, charcoal
grilles, exterior fireplaces, agricultural purposes and for the purpose
of clearing land. Such a ban shall be reviewed from time to time and
lifted when the condition(s) resulting in the imposing of the ban
no longer exist.
Any person who violates or permits a violation of this article shall be subject to the fines, costs and penalties provided under Chapter 1, § 1-23A. 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.
