It is against public policy to permit uncontrolled and unrestricted
outdoor burning. The purpose of this chapter is to prevent needless
public damage to life and property because of public and private nuisances
caused by outdoor fires deliberately or carelessly set and maintained.
As used in this chapter, the following terms shall have the
meanings indicated:
BURN BAN
An order or directive issued by the Township Fire Marshal
and/or any county or state agency having jurisdiction prohibiting
outside fires and burning during a time of drought or other emergency
situation or condition.
BURN PERMIT
A permit to kindle or maintain such open fires or other fires.
The permit shall be issued by the Code Enforcement Officer, Township
Fire Marshal, or the Assistant Fire Marshal upon application thereof
made to the Township. A burn permit is valid for a time period approved
by the Code Enforcement Officer, Township Fire Marshal, or the Assistant
Fire Marshal.
[Amended 2-18-2020 by Ord. No. 2020-1]
CAMPFIRE
A fire lit to serve the following functions: light, warmth,
a beacon, an insect and/or apex predator deterrent, to cook, and for
a psychological sense of security. A campfire is a maximum of two
feet in diameter and two feet in height. Any fire larger than previously
mentioned shall be considered a bonfire and will require a special
permit and possible Fire Company involvement.
CHIMINEAS/FIRE POTS
An outdoor freestanding container made of metal or clay designed
to hold a fire. A chiminea is a front-loading fireplace with a bulbous
body and vertical smoke vent or chimney. Fire pots may not have a
chimney.
ENFORCEMENT OFFICER
The Code Enforcement Officer of West Hanover Township, the
Fire Marshal, and the Assistant Fire Marshal shall be designated enforcement
officers as specified in this chapter.
[Amended 2-18-2020 by Ord. No. 2020-1]
FIRE RING
A construction or device used to contain campfires and prevent
them from spreading and turning into wildfires. Fire rings have no
bottom and are simply circles made of forged metal, stones, concrete,
etc., which surround and contain a campfire.
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
LEAF WASTE/FOLIAGE
Foliage from trees, bushes and other plants, garden residue,
shrubbery and tree trimmings, but not including grass clippings.
NUISANCE SMOKE
Solid particles and/or microdebris generated by open or contained
burning that interferes with the enjoyment, public health, and use
of property.
OPEN FIRE
Any fire not contained, including campfires.
PERSON
Any individual, or agent of a partnership, association, corporation,
department, bureau, agency or legal entity.
RECYCLABLE MATERIALS
Those materials specified by the Township for separate collection
in accordance with recycling regulations. Such materials may include
but not be limited to aluminum products, ferrous containers, bimetal
containers, glass containers, newspapers, magazines and periodicals,
office paper, plastic containers, foliage and yard wastes.
RED FLAG WARNING/FIRE WEATHER WARNING
A weather advisory issued by the National Weather Service
when the combination of dry fuels and weather conditions support extreme
fire danger. The criteria for these warnings are low humidity (less
than 30%) and high winds (greater than 20 mph).
REFUSE
Garbage, rubbish and trade waste.
RESPONSIBLE ADULT
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 his or her ability to property supervise a fire.
RUBBISH
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
excelsior, ashes and furniture.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry,
including, but not limited to, plastic products, cartons, paint, grease,
oil, and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials.
No person, firm, partnership or corporation shall set or maintain
any fire at any time upon any of the streets, sidewalks, alleys or
public grounds in West Hanover Township, or burn or cause to be burned
thereon any paper, garbage, refuse, debris, boxes, rubbish, foliage,
weeds or other material or substance of any kind, unless the person
doing so shall be an employee of West Hanover Township authorized
to do so.
[Amended 2-18-2020 by Ord. No. 2020-1]
A. Any person, firm, partnership or corporation shall apply to the Township for a burn permit to set, start or maintain a fire, except when a permit is not required per §
85-4B(2). The burn permit application must be completed and submitted to the Code Enforcement Officer, the Fire Marshal or the Assistant Fire Marshal for approval.
B. The Code Enforcement Officer of West Hanover Township shall consider
said application and shall notify the applicant within 15 days from
the date of the submission of the application whether or not a permit
will be granted and under what condition or conditions the permit
will be subject. The Code Enforcement Officer may require as a condition
that the applicant have any and all necessary personnel of the West
Hanover Township Fire Company present during the commission of an
open burning. In such cases, a condition of the issuance of the permit
shall be that the applicant pay any reasonable fees for service by
the West Hanover Township Fire Company.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000. Every day that a violation of this
chapter continues shall constitute a separate offense. It is further
provided that, upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county prison for a period of not exceeding 30 days.
[Amended 2-18-2020 by Ord. No. 2020-1]
The Board of Supervisors hereby appoints the Township Code Enforcement Officer, as the official having the primary authority and power to enforce the provisions of this chapter, including, but not limited to, reviewing permit applications, issuing permits, enforcing violations of this chapter. In the absence of the Code Enforcement Officer, the Fire Marshal or Assistant Fire Marshal shall have the authority to enforce the provisions of this chapter. Nothing in this chapter shall be deemed to affect or alter the duties of the Fire Marshal or Assistant Fire Marshal under Chapter
22.
The Board of Supervisors, and its agents, officials and representatives,
shall not under any circumstances 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 chapter, or by reason of the conduct
of any burning activity in compliance or noncompliance with the terms
and provisions hereof. The person, persons, company or companies responsible
for any such fire and the permit holder shall bear sole liability
for any damages caused as a result thereof.