[HISTORY: Adopted by the Board of Supervisors
of the Township of Brecknock 6-9-1992 by Ord. No. 84; amended in its
entirety 9-9-2014 by Ord. No. 200-2014. Subsequent amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Brecknock
Township Open Burning Ordinance."
This chapter is enacted pursuant to Section 702, Clauses XXIX,
XXXII, XLVII and LXII, of the Second Class Township Code, 53 P.S.
§§ 65729, 65732, 65747 and 65762.
It is hereby declared to be a matter of public health and safety
to regulate fires and open burning in the Township of Brecknock for
the purposes of:
In the construction of this chapter, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
Any person appointed by the Board of Supervisors to administer
and enforce the provisions of this chapter.
Any fire which is burned outside of an enclosed building
where the products of combustion are emitted directly into the ambient
air.
Any individual, partnership, estate, trust, firm, association,
corporation, municipality, municipal authority, school district or
any other group or legally recognized entity.
Includes any structure or appendage to a structure, whether
principal or accessory, constructed or used for a residence, business
establishment, institutional establishment or industrial establishment
or other private or public purpose of which is designed for the housing,
shelter, enclosure or support of persons, animals or property of any
kind.
Tree limbs, tree trimmings, branches, brush and leaves.
It shall be unlawful for any person to ignite, feed, maintain
or permit the ignition, feeding or maintenance on his property of
any open fire for the burning of any materials whatsoever, except
for the burning of woody yard waste as regulated herein.
Persons may burn woody yard waste outside of an enclosed building
only upon the following conditions and subject to the following regulations:
A.
A
responsible person shall control and supervise any open burning at
all times.
B.
Open
burning of woody yard waste is not permitted under conditions of excessive
winds or dryness. Open burning of woody yard waste is expressly prohibited
during a drought emergency declared by the Pennsylvania Emergency
Management Council or other agency of the Commonwealth of Pennsylvania.
C.
No
materials other than woody yard waste may be burned in an open fire.
D.
Smoke
shall be so controlled so as not to be offensive to others.
E.
All
containers for open fires shall be covered by a screen or wire mesh
to prevent sparks from flying while burning.
F.
Leaves
and brush fires shall only be burned in an area cleared in a radius
of 50 feet from the open fire.
G.
No
fire shall be maintained closer than 75 feet to any structure.
H.
Open
burning of woody yard waste shall only be permitted between sunrise
and sunset.
A.
Subject
to the regulations in Section B, the following types of fires, provided
that such fires are of dry natural wood only, are permitted:
(1)
Fires solely for the cooking of food for immediate consumption. Outside
barbecues, charcoal/gas cooking grill or any fire maintained in a
commercially constructed grill or masonry-constructed grill for purposes
of cooking and preparing food are permitted.
(2)
Campfires for warmth, fellowship, food preparation or ceremonial
purposes.
B.
Regulations:
(1)
A responsible person shall control and supervise any open burning
at all times.
(2)
Campfires and fires for cooking are not permitted under conditions
of excessive wind or dryness. Campfires and fires for cooking are
expressly prohibited during a drought emergency declared by the Pennsylvania
Emergency Management Council or other agency of the Commonwealth of
Pennsylvania.
(3)
No materials other than dry natural wood may be burned.
(4)
Smoke shall be so controlled so as not to interfere with the reasonable
enjoyment of life or property.
Fires set in the performance of public duty by any fire fighter
or public official, including but not limited to the instruction of
personnel in fire fighting, shall be permitted when approved by the
Department of Environmental Protection's Regional Air Quality
Program.
This chapter may be enforced by the Enforcement Officer or by
any police officer. Any person, firm, partnership, corporation, trust
or estate violating any of the provisions of this chapter regulating
the open burning of woody yard waste shall, for each offense, upon
conviction thereof before a District Justice, be subject to a fine
of not less than $50 nor more than $1,000, plus costs of prosecution,
or, in default thereof, be sentenced and convicted to the county jail
for a term not to exceed 30 days.
