[HISTORY: Adopted by the Board of Supervisors of the Township
of Forks 6-25-1992 by Ord. No. 217. Amendments noted where applicable.]
It shall be unlawful to engage in the open burning of material
anywhere in Forks Township, in a manner that:
A.
The
emissions are visible, at any time, at the point such emissions pass
outside the property of the person on whose land the open burning
is being conducted.
B.
Malodorous
air contaminants from the open burning are detectable outside the
property of the person on whose land the open burning is being conducted.
C.
The
emissions interfere with the reasonable enjoyment of life or property.
D.
The
emissions cause damage to vegetation or property.
E.
The
emissions are or may be deleterious to human or animal health.
The requirements of § 83-1 do not apply where the open burning operations result from:
A.
A
fire set to prevent or abate a fire hazard, when approved by the Forks
Township Fire Department and set by or under the supervision of a
public officer.
B.
Any
fire set for the purpose of instructing personnel in firefighting,
when approved by the Forks Township Fire Department.
C.
A
fire set for the prevention and control of disease or pests, when
approved by the Forks Township Fire Department.
D.
A
fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation.
E.
A
fire set for the purpose of burning domestic refuse, when the fire
is on the property containing a structure occupied solely as a dwelling
by two families or less and when the refuse results from the normal
occupancy and use of the property. Domestic refuse shall also include
brush, branches or tree stumps cleared from the property.
F.
A
fire set solely for recreational or ceremonial purposes.
G.
A
fire set solely for cooking food.
Except for the burning of large quantities of brush, branches or tree stumps, all burning permitted under § 83-2E shall be confined to a noncombustible container covered with a screen of 1/2 inch or smaller mesh. No such fire shall be closer than 15 feet from any building structure or from any property line.
All burning of domestic refuse under § 83-2E above shall be permitted only between the hours of sunrise and sunset.
Any person seeking to burn brush, branches or tree stumps under § 83-2E shall first obtain permission from an authorized officer of the Forks Township Fire Department. Permission shall be given only after the officer has ascertained that such burning can be done in a safe manner and can be done in compliance with applicable Department of Environmental Protection regulations and does not constitute a nuisance or jeopardize the health, safety or welfare of nearby residents.
A person seeking to engage in any open burning not meeting any of the exceptions set forth in § 83-2 shall first obtain a permit from the Department of Environmental Protection as required by the Solid Waste Management Act, 35 P.S. § 6018.610(3). The type of open burning requiring a DEP permit shall include, but not be limited to, 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.
[Amended 3-4-1999 by Ord. No. 250]
This chapter shall be enforced by action brought before a District
Justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. Any person
who violates or permits the violation of this chapter shall, upon
conviction in a summary proceeding, be punishable by a fine of not
less than $500 nor more than $1,000 or by 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. Each section of this chapter that is violated shall also
constitute a separate offense.
