[HISTORY: Adopted by the Board of Supervisors
of the Township of Birmingham 11-20-1995 by Ord. No. 95-10. Amendments noted where
applicable.]
Except as hereinafter provided, it is unlawful
to burn, authorize or permit another to burn paper, commercial wood
products, rubbish and other waste out of doors within the Township
unless the fire is confined within an enclosed container, incinerator
or fireplace and an adult individual remains in attendance during
the burning. Leaves, logs and yard waste may be incinerated outside
of a container or fireplace subject to the conditions and regulations
set forth herein.
All burning as restricted in § 49-1 shall be limited by the following conditions:
A.Â
All burning is limited to the hours between one hour
after sunrise and one hour before sunset.
B.Â
All burning shall be conducted at least 15 feet from
any structure.
C.Â
All burning shall be conducted in an area cleared
of trees, shrubs and any and all other combustible material to a distance
of at least 15 feet from the fire boundary.
D.Â
All burning conducted in large open areas such as
fields or woods shall, in addition to the requirements contained herein,
be attended by a suitable number of persons and equipment to prevent
its spread.
E.Â
All burning which results in fumes, smoke or odor
shall be conducted so as to prevent the fumes, smoke or odor from
interfering with the right of quiet enjoyment of other person or persons.
F.Â
Any and all burning of paper, wood, brush, rubbish,
trash, lumber or other building or waste material on any construction
site shall be prohibited.
All burning as restricted by this chapter shall
not be conducted with 15 feet of a public or private road, curb, utility
pole or utility equipment.
All burning as restricted by this chapter shall
not be conducted upon the land of another without written permission
of the owner.
All burning as restricted by this chapter shall
be strictly prohibited during any publicly announced emergency or
drought by any agency or company having the authority to do so.
Any fire on public or private property may be
extinguished by any local fire company or police officer having jurisdiction,
with or without the consent of the landowner, his agents or workmen
if, within the opinion of a Birmingham Township police officer or
Fire Marshal, such fire constitutes a danger to persons or property.
Any person, firm, association, partnership,
corporation or entity who or which violates any provision of this
chapter shall, upon conviction thereof in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense, and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000,
plus the costs of prosecution, including reasonable attorneys' fees
incurred by the Township. In default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term of
not more than 30 days. Each section of the chapter violated shall
constitute a separate offense, and each day or portion thereof in
which a violation of this chapter is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the Magisterial District Judge of not less
than $100 and not more than $1,000, plus the costs of prosecution,
including reasonable attorneys' fees incurred by the Township, or
upon default of payment thereof, the defendant may be sentenced to
imprisonment in the county prison for a term of not more than 30 days.
[1]
Editor's Note: This ordinance also provided
that all Birmingham Township Ordinances adopted under and pursuant
to the provisions of the Second Class Township Code, Act of May 1,
1933, (P.L. 103, No. 69), as reenacted and amended November 9, 1995,
by Act 1995-60, as further amended by Act No. 1996-172, as the same
may from time to time be further amended, may be enforced by Birmingham
Township through an action in equity brought in the Court of Common
Pleas of Chester County, Pennsylvania.
