[HISTORY: Adopted by the Board of Supervisors of the Township of Willistown 11-23-1965 by Ord. No. 19. Amendments noted where applicable.]
[Amended 10-9-1995 by Ord. No. 8-1995; 8-17-2009 by Ord. No. 5-2009]
It shall be unlawful for any person to burn or cause to be burned any material upon any land in Willistown Township including the following: household trash, books, magazines, newspapers, cardboard, any item or material required to be recycled in Willistown Township under Pennsylvania Act 101, the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act,[1] yard waste, leaves, scrap lumber, vegetation, plywood, drywall, plastic products, insulation materials, upholstered furniture, garbage, dead animals, human and animal excrement, human and animal hair, rubber products, tires, hydrocarbon products or flammable liquids, asphalt or tar shingles or roofing materials, bedding, foam rubber, nylon, rayon, cotton, wool, polyester, other synthetic material, insulation from copper or other wiring, solid waste and/or construction waste as defined by the Pennsylvania Solid Waste Management Act[2] and 25 Pa. Code 271.1.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[Amended 10-9-1995 by Ord. No. 8-1995; 8-17-2009 by Ord. No. 5-2009]
It shall be unlawful for any person to burn or cause to be burned on one's own premises brush or wood outside on any land in Willistown Township except where fire or burning operations result from:
A. 
Any fire set for the purpose of training and instructing authorized personnel in firefighting, and training of persons in the use of portable fire extinguishers. A permit is required as a prerequisite to any burning under this subsection.
B. 
Any fire set for the prevention and control of disease or pests, when approved by the Pennsylvania Department of Environmental Protection.
C. 
Any fire solely for organized recreational or ceremonial purposes.
D. 
Any fire set in conjunction with the production of agricultural commodities or for agricultural management and conservation practices and protection and provided that burning is located at least 100 feet from any building or structure. Materials burned must originate from the same property with burning permitted only from 6:00 a.m. to 6:00 p.m. on Saturday or Sunday with no burning or smoldering to occur outside those hours.
It shall henceforth be unlawful within this township to kindle fire upon the land of another without the permission of the owner thereof, which permission, except in the case of a family member or employee, shall be in writing.
It shall henceforth be unlawful to light or to authorize or, on one's own premises, to permit another to light or attempt to light any outdoor fire when:
A. 
A ban on such fires has been publicly announced by the Township Supervisors or their authorized representative in a time of severe drought; or
B. 
When prevailing conditions of wind, drought and combustibility of the surrounding area are such that other precautions hereinabove required are clearly insufficient to prevent the fire from spreading.
Any fire on public or private property, started or burning in violation of the provisions of this chapter, may be extinguished by the local fire company having jurisdiction either with or without the consent of the landowner or person in charge if, in the opinion of a Willistown Township police officer, such fire constitutes a danger to persons or property.
[Amended 6-10-1986 by Ord. No. 5-1986]
Any person, firm, association or corporation violating any of the terms of this chapter shall be subject, upon conviction thereof before any District Justice, to a fine of not more than $300, together with the costs of prosecution, or in default of payment thereof, shall suffer imprisonment in the county jail for a period of not more than 30 days, in the discretion of the Justice before whom the conviction is obtained.