As used in this chapter, the following terms shall have the
meanings indicated:
CONTROL FIRE
A fire kindled for the purpose of recognized silviculture,
range or wildlife management, or control of disease or pests.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including, but not limited to, solid, liquid,
semisolid or gaseous material, resulting from the operations of residential,
municipal, commercial or institutional establishments or from community
activities. It also includes any sludge not meeting the definition
of residential or hazardous waste in the Solid Waste Management Act,
of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101
et seq., from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials,
leaf waste, chipped material, or household hazardous waste.
PERSON
Any natural person, corporation, partnership, joint venture,
sole proprietorship, firm, association and any other entity of whatever
type.
RECREATIONAL FIRE
An outdoor contained fire fueled by wood, twigs, branches,
or charcoal, but in no case municipal waste or recyclable materials,
and which is used to cook food for human consumption or for warmth.
RECYCLABLE MATERIALS
Those materials specified by Pocopson Township for collection
in accordance with this Code and recycling regulations which may be
promulgated from time to time. Such material may include, but shall
not be limited to, food and beverage containers of aluminum, metal
or bi-metal, clear and colored glass, plastic, phone books, magazines,
high-grade office paper, mixed paper, newspaper and corrugated cardboard.
All outdoor burning, except recreational fires, in open fires
of leaves, brush, grass or wood shall be performed only in compliance
with the following conditions:
A. The burning shall be located at least 50 feet from any and all property
boundary lines, buildings, structures of any kind, public roads, curbs,
sidewalks, utility poles and other combustible materials.
B. The burning shall be performed only between the hours of sunrise
and sunset.
C. A responsible adult, 18 years of age or older, shall be in attendance
during the entire duration of the burning.
D. A connected hose or other ample water supply capable of extinguishing
the fire is present.
E. There is an area cleared of all combustible material of a radius
of 15 feet.
F. The Chester County Fire Board is notified prior to ignition.
It shall be unlawful to light or otherwise kindle fire upon
the land of another without the permission of the owner thereof, which
permission, except in the case of a family member or employee, shall
be in writing.
It shall be unlawful for any person to light or attempt to light
or to cause, permit or authorize another to light or attempt to light
or otherwise kindle any outdoor fire when a ban on such fires has
been publicly announced by the Commonwealth of Pennsylvania, Chester
County or Township Supervisors or their authorized representatives
in a time of drought.
Any fire on public or private property may be extinguished by
the local fire company having jurisdiction, either with or without
the consent of the landowner or person in charge, if, in the opinion
of a police officer, fire personnel, fire marshal or the Codes Enforcement
Officer or his designee, such fire constitutes a danger to persons
or property.
Any person violating or permitting the violation of this chapter
shall, upon being found liable therefore in a criminal enforcement
proceeding, pay a fine of not more than $1,000 nor less than $25,
together with court costs and reasonable attorneys fees, and may be
incarcerated for a period not exceeding 90 days. Such fine, costs,
attorney fees and incarceration, after being reduced to a final, unappealed
judgment, shall be enforced by the Township pursuant to the applicable
rules of criminal procedure. Each day of violation shall constitute
a separate violation.