[HISTORY: Adopted by the Board of Commissioners of the Township
of Crescent 6-10-2021 by Ord. No. 583. Amendments noted where applicable.]
Because of the more recent occurrences of unregulated open burning
in the Township and the effect that activity has on the health, safety
and welfare of the community as a whole, the Commissioners of the
Township of Crescent, after study and consultation with Public Safety
officials, deem it to be in the best interests of the Township to
regulate open burning.
All open fires are strictly prohibited in the Township of Crescent,
with the exception of recreational, camping or cookout fires. Residents
will not be permitted to burn the following materials:
The resident shall be required to meet all of the following
criteria and shall agree to abide by these rules and regulations.
A.
Only dry,
clean wood products or other clean-burning fuels shall be burned.
B.
Only smokeless
fuels, if any, are used to start the fire.
C.
No building
materials of any kind are permitted to be burned, nor any garbage
or other refuse-type material, as more specifically set forth herein.
D.
The size
of the fire, including the flames, and/or the materials being burned,
shall be no larger than two square feet and enclosed in a barrier
made of connected stone, metal or other noncombustible materials.
E.
The fire
shall be at least 10 feet from the nearest structure, inhabited area,
roadway or property line or boundary, and no structure of any kind
shall overhang the fire.
F.
The fire
shall be no longer than eight hours in duration in any twenty-four-hour
period, nor shall it emit smoke in such a manner as to constitute
an offensive condition or nuisance to Township residents.
G.
No fire
shall be left unattended during the time it is burning and shall be
extinguished when it is unattended. All fires shall be attended by
an individual 16 years of age or older.
H.
This chapter
is not meant to control or prohibit conventional outdoor cooking done
in conventional metal or other cooking grill-like equipment used by
most homes, and found in most stores, being fueled by either charcoal
or propane or some other form of gas, and used for a barbecue.
I.
The mere
placing of some types of food for cooking purposes over a fire not
meeting the criteria set forth herein shall be a violation of the
meaning and intent of this chapter, and the mere cooking of food shall
not qualify the fire as a conventional outdoor grill.
J.
Exceptions
to the within requirements as to size and content of open burning
shall be firefighting training fires or burning and bonfires.
A.
Penalties.
Any person, corporation or other business entity violating the provisions
of this chapter or who fails to comply herewith, upon conviction before
a Magisterial District Judge, shall be subject to a fine of a $300,
plus the costs of prosecution, for each offense, each fire in excess
of eight hours in any twenty-four-hour period constituting a separate
offense. In the event the fine and costs are not paid, the defendant
shall be sentenced to serve not more than 30 days in the Allegheny
County Jail.
B.
In addition
to the penalties set forth herein, should the fire found to be in
violation of this chapter, not being properly extinguished to the
satisfaction of the Township fire officials, and said officials in
their discretion have to call out Township fire equipment to properly
extinguish the fire, and if Township Fire Department equipment is
used, an additional charge of $300 shall be assessed as a penalty;
said funds to be paid to the Fire Department to defer expenses.
C.
The applicant
must present sufficient written evidence of either ownership, leasehold
interest or permission of the owner in the case of the special expected
fires set forth herein.
