[HISTORY: Adopted by the Board of Supervisors
of Mount Pleasant Township 1-10-1990 by Ord. No. 34. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
The Board of Supervisors of Mount Pleasant Township.
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge, or any other combustible material.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
Garbage, rubbish and trade waste.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
excelsior, ashes, tree leaves, yard trimmings, furniture, tin cans
glass, crockery, masonry and other similar materials.
[Amended 1-24-2007 by Ord. No. 108]
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
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, provided that
trade waste shall not include any coal refuse associated with the
mining or preparation of coal.
The Board of Supervisors of Mount Pleasant Township
shall have the power and duty to enforce the provisions of this chapter.
Within the Township limits, no person shall:
A.
Ignite or feed an open fire for the destruction of
refuse or in the conduct of a salvage operation in any public or private
place outside any building; or
B.
Cause, suffer, allow or permit the maintenance of
any open fire for the destruction of refuse, or in the conduct of
a salvage operation on any property under his control outside of any
building.
C.
Burn rubbish, rubber products, asbestos products,
petroleum products, fiberglass, food waste, tar product or furniture.
[Added 1-24-2007 by Ord.
No. 108]
D.
Fire ban emergency.
[Added 7-25-2012 by Ord.
No. 127]
(1)
The
Board of Supervisors may declare a fire ban emergency during periods
of drought, or other periods of high fire risk to woodlands and property
within Mount Pleasant Township.
(2)
Upon
the Board of Supervisors declaring a fire ban emergency, all outdoor
burning and open fires shall be prohibited until the ban is lifted
by the Board of Supervisors, except that cooking fires as defined
in this chapter shall still be permitted.
(3)
The
Township shall publish a notice of the fire ban emergency at least
once in a local newspaper of general circulation. In addition, the
Township may issue news releases to all communication media, including
radio, television and newspapers.
(4)
The
Board of Supervisors appoint the Zoning Officer and/or Code Enforcement
Officer, as well as Mount Pleasant Township police officers, as individuals
having power to enforce provisions of this chapter.
B.
Other allowed fires.
(1)
Open fires may also be set when:
(a)
Paper, boxes, leaves, branches and other nonputrescible
vegetable matter only are burned;
(b)
There is no practical available alternative
method for disposal of the material to be burned;
(c)
No hazardous or other objectionable condition
will be created by such burning; and
(d)
All such burning takes place between the hours
of 7:00 a.m. until 8:00 p.m., except Sundays and legal holidays.
(2)
No such burning is allowed on any street or sidewalk
within the Township.
Outdoor fires for cookouts or roasting are permitted
so long as the same are conducted under the personal supervision or
control of the owner, occupier or agent.
Outdoor fires or burning may be permitted upon
private property subject to the following conditions and regulations:
A.
Any and all fires set or maintained must be incidental
to the personal use or business of the owner or occupier and must
be related to the general cleanliness or welfare of the same.
B.
Outdoor fires may be set and maintained by the owner,
occupier or agent thereof either with a noncombustible container or
under the personal supervision and control of such owner, occupier
or agent. In either event, personal supervision must be maintained
at the site until the fire is completely extinguished.
C.
No fire shall be permitted closer than 10 feet to
any building or dwelling house.
Any person who violates or permits a violation
of this chapter shall, upon conviction 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 punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to 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, and each section of this chapter that is violated
shall also constitute a separate offense.
