[HISTORY: Adopted by the Board of Supervisors
of the Township of Maidencreek 12-31-2001 by Ord. No. 185. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 220.
A.
It is against public policy to permit uncontrolled
and unrestricted outdoor burning, including burning of leaf waste.
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 careless set and maintained.
B.
This chapter shall be known as the "Maidencreek Township
Outdoor Burning Ordinance."
For the purposes of this chapter, the following
words and terms shall have the meanings ascribed to them herein:
Any fire contained in an incinerator, fireplace or cooking
grill or other contained enclosure designed for outdoor cooking or
a fireproof container.
The Maidencreek Township Code Enforcement Officer shall be
designated Enforcement Officer under this chapter.
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.
The Maidencreek Township Board of Supervisors.
Any device specifically designed for the destruction by burning
of refuse, sewage, sludge, or any other combustible material.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
A fire in which any material is burned in the open or in
a furnace or incinerator, including uncontained fires.
All devices designed, used and/or deployed as a heat source
for homes, buildings or structures but operated outside of those structures,
including but not limited to wood- or coal-fired hydronic heaters.
[Added 5-10-2018 by Ord.
No. 245]
Any individual, partnership, organization, association, agency,
firm, estate, or corporation and any other legal or commercial entity.
Garbage and trade waste.
[Amended 7-12-2018 by Ord. No. 247]
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.[1]
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.
An unmanned, airborne device typically made of paper, with
an opening at the bottom where a small fire, candle or fuel cell is
suspended, which serves as a heat source to cause the device to rise.
Sky lanterns include and are sometimes referred to as "Chinese lanterns,"
"sky candles," or "fire balloons."
[Added 5-10-2018 by Ord.
No. 245]
Any fire not included in the definition of a "contained fire."
[1]
Editor’s Note: The definition of “rubbish,”
which immediately followed, was repealed 7-12-2018 by Ord. No. 247.
A.
Compliance with chapter. Within the Township of Maidencreek:
(1)
It shall be unlawful to burn, ignite, incinerate,
maintain or permit to burn any materials whatsoever, of whatever nature,
without complying with this chapter.
(2)
Nothing herein shall be construed to prevent fire-fighting
training by Maidencreek Township-designated fire-fighting organizations.
(3)
It shall be unlawful to 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.
(4)
It shall be unlawful to 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.
(5)
It shall be unlawful to ignite or feed an open fire
for any purpose within the Maidencreek Township Zoning Districts R-2a,
R-3 and R-4.
(6)
It shall be unlawful to bum any leaf waste and source
separated recyclables within the Township of Maidencreek.
[Amended 7-12-2018 by Ord. No. 247]
(7)
It shall be unlawful to ignite, launch, or otherwise release any
sky lantern within the Township of Maidencreek.
[Added 5-10-2018 by Ord.
No. 245]
B.
Exceptions. Subject to the following exceptions:
(1)
Open fires may be set in the performance of an official
duty of any public officer if the fire is necessary:
(2)
All open fires, except outdoor cooking, are strictly
prohibited in Maidencreek Township Zoning Districts R2-a, R-3 and
R-4, except properties currently in agricultural usage as of January
1, 2002.
(3)
The Maidencreek Township Zoning Districts A, R-1,
R-2, CR, C-1, C-2, I and SIA may have controlled outdoor burning (open
fires) subject to the following regulations:
[Amended 3-11-2010 by Ord. No. 223]
(a)
It shall be unlawful to allow any open fire
within 50 feet from any building or property line.
(b)
No open fire shall be set, started, fed, permitted
to burn or maintained where such fire may endanger any structure,
building or other property.
(c)
Nothing herein shall be deemed to prohibit outdoor
cooking activities, providing that reasonable safeguards are maintained.
(d)
All open fires must be maintained and supervised
by an adult.
(e)
No open fire shall be permitted to burn or smolder
anywhere within the Township of Maidencreek between sunset and sunrise.
[Amended 5-10-2018 by Ord. No. 245]
Subject to the exception for the Agricultural
Preservation Zoning District and R-1 Low-Density Residential Zoning
District, any and all outdoor furnace devices utilized for providing
heat shall be prohibited in all Maidencreek Township zoning districts.
Such heating facilities include, but are not limited to, outdoor wood-burning
stoves and/or furnaces. All outdoor furnaces permitted and used in
the Agricultural Preservation District and the R-1 Low-Density Residential
District shall comply with all applicable federal and state statutes
and regulations for designs and emissions.
A.
Public roads and public properties. No person shall
set start, feed, permit to burn or maintain any open fire upon any
of the streets, sidewalks, alleys or public grounds in Maidencreek
Township, except where a designated area has been set aside or reserved
for this purpose and an appropriate container has been provided to
contain such fire.
A.
Safe distances.
(1)
It shall be unlawful to allow any open fire, including
cooking, within an unsafe distance from any building or property line.
(2)
No open fire shall be set, started, fed, permitted
to burn or maintained where such fire may endanger any building or
property, except where such building or property is used by the fire
department for training purposes.
(3)
Open fires shall be permitted only upon private property
and shall take place at least 50 feet from any building, property
line, or road line.
(4)
Nothing herein shall be deemed to prohibit indoor
cooking activities providing that reasonable safeguards are maintained.
(5)
Cooking grills may be less than 50 feet from a building,
providing that reasonable safeguards are maintained.
B.
Control of burning and unattended fires.
(1)
No open fire shall be allowed to burn unattended without
a responsible adult being present at all times and without readily
available fire-extinguishing apparatus.
(2)
No open fire shall be permitted to burn whenever drought
or extreme weather conditions exist or when a ban on burning has been
placed into effect by the Commonwealth of Pennsylvania or other competent
governmental body. The Board of Supervisors may prohibit any and all
outdoor fires when atmospheric conditions or local circumstances make
such fires hazardous.
(3)
No open fire shall be set that results in uncontrolled
burning of vegetation (field fire).
(4)
Open fires shall be confined in a noncombustible container,
covered with a wire screen of 1/2 inch or smaller mesh, or in other
suitable noncombustible container, except for fires of leaves, brush,
and/or natural, untreated wood container.
C.
Extinguishing unsafe fires. It is a violation of this
chapter for any person to allow any open fire to burn under adverse
weather conditions or unsupervised, or otherwise in an unsafe manner.
Any such fire may be extinguished by an official of the Maidencreek
Township-designated fire company or extinguished immediately upon
request of such official.
D.
Hours.
(1)
No person shall burn or cause to be burned any paper,
boxes, leaves or any other kind of substance, nor shall any person
or persons set or maintain any open fire, or burn or cause to be burned
an open fire of any substance or material of any kind, out-of-doors,
anywhere in the Maidencreek Township between sunset and sunrise.
[Amended 7-12-2018 by Ord. No. 247]
(2)
Contained fires shall not be permitted to burn or
smolder between the hours of sunset and sunrise.
(3)
Recreational fires using natural, untreated wood and
containing a fuel source of no more than eight cubic feet are permitted
at any time so long as they comply with all other provisions of this
chapter.
E.
Unlawful substances.
(1)
Burning of construction debris, plastics, by-products
of manufacturing and processing operations, and wastes from commercial
operations is strictly prohibited.
(2)
Nothing herein shall be construed to permit or encourage
the burning of any substance determined by the Commonwealth of Pennsylvania
or the United States Environmental Protection Agency to be hazardous
substance; nor shall any fire be permitted to burn by any person if
such burning is in violation of the Air Pollution Control Act or other
legislation of the Commonwealth of Pennsylvania or the United States
of America or any other competent body.
(3)
No garbage or offal may be burned at any time either
indoors or out-of-doors.
(4)
Fires shall be used only to burn readily combustible
materials.
F.
Special circumstances. In the event that it is necessary
to have an uncontained fire of a size and/or at times other than permitted
under this chapter, special permission must be obtained in advance
from the Fire Chief of Maidencreek Township Volunteer Fire Company
or his designee. In the event any Fire Company is required to respond
to a fire which violates the provisions of this chapter, a service
fee may be levied by the responding Fire Company.
G.
Enforcement Officer. The Maidencreek Township Code
Enforcement Officer shall be designated to have all power necessary
to enforce the provisions of this chapter on behalf of the Township.
H.
Criminal enforcement penalties.[1]
(1)
Any person or entity who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order or direction of the Building Permit Officer or any other authorized employee of the municipality shall be subject to the criminal enforcement procedures, fines, and schedule of fines as set forth in Chapter 1, General Provisions, Article I, General Penalty.
(2)
In addition to the above penalties, all other actions
are hereby reserved including an action in equity for the proper enforcement
of this chapter. The imposition of a fine or penalty for any violation
of, or noncompliance with, this chapter shall not excuse the violation
or noncompliance or permit it to continue, and all such persons shall
be required to correct or remedy such violations and noncompliance
within a reasonable time. Any development initiated of any structure
or building constructed, reconstructed, enlarged, altered, or relocated,
in noncompliance with this chapter may be declared by the Township
to be public nuisance and abatable as such.
I.
Equitable and other remedies. No penalty herein shall
prevent the Township from enforcing this chapter by equitable, injunctive
and other remedies.
J.
Liability. The Maidencreek Township and its agents,
officials, and representatives shall not, under any circumstances,
be liable or responsible for damages caused to any person or property
by reason of the provisions of this chapter, or by reason of the conduct
of any burning activity in compliance with the terms and provisions
of this chapter. The individual person or party responsible of any
such fire shall bear sole liability for any damages caused as a result
thereof.
