[HISTORY: Adopted by the Board of Supervisors
of the Township of Mount Joy 9-20-2007 by Ord. No. 2007-2. Amendments noted where
applicable.]
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
without regard for conditions existing at the time.
The Board of Supervisors hereby acknowledges
and states its approval of Ordinance No. 4 of 1993, effective August
18, 1993, as adopted by the Commissioners of Adams County, Pennsylvania,
entitled "An Ordinance of Adams County, Pennsylvania, Establishing
a Fire Prevention Bureau in the County of Adams, and Setting Forth
Fire Prevention Measures, and Penalties for the Violation of the Same."
For the purposes of this chapter, the following
terms shall have the meanings indicated:
The Chairman or Chairwoman of the Board of Supervisors of
Mount Joy Township or, in the absence of such Chair, the Vice Chair,
in the absence of the Chair and the Vice Chair, the Township's Emergency
Management Director.
The Chief or, in the absence of the Chief, any other officer
of a volunteer fire company serving in the capacity of the Chief.
The person appointed to the position of Fire Marshal by the
Board of Commissioners of the County of Adams, Pennsylvania.
The prohibition, restriction or other banning of outdoor
burning adopted pursuant to this chapter.
The volunteer fire company authorized by the Township of
Mount Joy to provide firefighting services in the Township and authorized
to be the primary responder to a fire or other emergency requiring
such services when such services are deemed necessary in some portion
of the Township (as is often designated by box cards filed with the
County Control Center).
The setting, maintaining or permitting of any fire outside
of a building. Excluded from outdoor burning is the use of contained,
and Underwriters Laboratories® approved, external heating systems
and incineration systems.
In addition to the power granted to the Adams
County Fire Marshal to declare a ban on outdoor burning, as provided
in the Adams County Ordinance No. 4 of 1993, the Township shall have
the power to declare a ban on all outdoor burning pursuant to the
following procedures:
A.
Declaration by Chair of the Board of Supervisors.
At any time the Chair of the Board of Supervisors of the Township
determines that, due to climatic or other conditions, outdoor burning
as otherwise prescribed in the aforesaid county ordinance presents
a threat to the health, safety and welfare of the Mount Joy community
or any part thereof, the Chair may impose a prohibition on any and
all outdoor burning in the Township or a part thereof.
B.
Declaration by Chief of first-due fire company. At
any time the Chief of a first-due fire company determines that, due
to climatic or other conditions, outdoor burning as otherwise prescribed
in the aforesaid county ordinance presents a threat to the health,
safety and welfare of the Mount Joy community or any part thereof,
said Chief may seek a prohibition on any and all outdoor burning in
the portion of the Township served by his or her fire company. Said
Chief shall contact the Chair of the Board of Supervisors and obtain
the Chair's concurrence with the prohibition for the prohibition to
be effective. Such concurrence may be oral or written.
C.
Notice of prohibition. Whenever a prohibition on outdoor
burning is declared pursuant to this section, the Chair shall notify
the Township Secretary or other staff person of the declaration. The
declaration shall be publicized by means of notices to one or more
newspapers of general circulation in the Township, by notices to radio
stations serving the Township and by placement of notices of the prohibition
on any electronic communications system generally used by the Township
(such as a Web site and/or broadcast e-mailing list).
D.
Review of declaration by Board of Supervisors. Whenever
a declaration pursuant to this section is imposed and the declaration
occurs outside of a publicly held Board of Supervisors meeting, the
declaration shall be able to be reviewed by the Board of Supervisors
at its next-occurring public meeting. The issue of the need for the
declaration may be raised at the next-occurring public meeting by
any Supervisor or by any aggrieved person. Should a challenge to the
declaration be raised, the Board shall seek a statement from the declarant
of the reasons for the declaration. The Board of Supervisors may then
uphold or revoke the declaration.
E.
Effect on County Fire Marshal's authority. Nothing
in this section shall be deemed to diminish the authority of the County's
Fire Marshal to declare a ban on outdoor burning or subject the County
Fire Marshal's outdoor burning ban to review by the Board of Supervisors
of the Township.
It shall be unlawful to conduct outdoor burning
when a declaration, as instituted in accordance with this chapter,
is in effect. Any person, firm, corporation, association or other
entity who shall violate the restriction, prohibition and ban on outdoor
burning that may be declared pursuant to this chapter shall, upon
conviction, be sentenced to pay a fine of no more than $1,000, the
costs of prosecution and the Township's attorney fees. Each day that
a violation occurs shall be deemed a separate offense.
