[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence 7-2-2003 by Ord. No. 4-2003.
Amendments noted where applicable.]
This chapter shall be known and may be cited
as the “Independence Township Open Burning Ordinance of 2003.”
The municipal government of Independence Township
under, and by virtue of and pursuant to, the authority granted by
municipal code, does hereby enact and ordain this chapter.
It is hereby declared to be a matter of public
health and safety to regulate the disposal of waste by open burning
in the Township of Independence. It is further declared that the dangers
of open fires, the air pollution from fires, and the management of
waste removal and disposal necessitate regulation to protect the peace,
good order and welfare of the Township and the health and safety of
its citizens.
The following words, terms and phrases, when
used in this chapter, unless the context clearly indicates otherwise,
shall have the following meanings ascribed to them:
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.
The act of consuming by fire; to flame, char, scorch or blaze.
As used in this chapter, “smoldering” shall have the same
meaning as “burning” and any smoldering shall be deemed
as burning.
Trees, shrubs and other native vegetation which are cleared
from land during or prior to the process of construction or agricultural
land maintenance.
All perishable animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food; any solid
or liquid material which, when ignited, creates toxic or noxious fumes
including, but not limited to, plastics, rubber, petro-chemicals,
furniture, carpets, rags, old clothing and any waste not herein defined
as yard waste or trade waste.
A city, incorporated town, borough, county, township or other
public body created under commonwealth law having jurisdiction over
the disposal of wastes.
A fire emitting contaminants directly into the atmosphere,
not directed through a flue.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, estate, department,
board, bureau or agency of the commonwealth or the federal government,
municipality, district authority, or any other legal entity whatsoever,
recognized by law as the subject of rights and duties.
All solid or liquid waste material resulting from construction,
building operations, or the performance of any business, trade or
industry including but not limited to asphalt shingles, electric wiring,
plastic products, cartons, paint, grease, oil, and other petroleum
products, chemicals, cinders, processed wood and other forms of solid
and liquid waste material, provided, however, that the trade waste
shall not include any coal refuse associated with the mining or preparation
of coal.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material from residential
yard maintenance.
A.
All open burning requires adult supervision and no
fire will be left unattended.
B.
All open burning shall be done in an approved container
such as a metal barrel or concrete enclosure and conform to the following:
(1)
Said container shall be placed on privately owned
property, but in no event shall be placed closer than 25 feet from
any property line or from any dwelling or structure, inhabited or
not.
(2)
Said container shall not be placed on or near any
combustible material nor on the surface of any public street or road.
C.
Clearing and grubbing waste may be burned subject
to the following requirements:
[Amended 3-11-2009 by Ord. No. 1-2009]
D.
Burning leaves prohibited. No person shall burn tree
leaves or other residential yard waste for any reason within the Township
of Independence.
E.
Wastes of any kind cannot be transported for the purpose
of burning from one area of the municipality to another or into the
municipality from any other municipality.
F.
The municipal governing body may declare a fire ban
emergency in the municipality with or without consultation with the
Fire Chief of the volunteer company operating within the municipality
during a period of drought, or other periods of high risk to woodlands
or property within the municipality. Upon the municipal governing
body declaring a fire ban emergency, all outdoor burning or fire shall
be prohibited until the ban is lifted by the municipal governing body.
Notice of declaring or lifting a fire ban shall be published at least
once in a local newspaper of general circulation.
G.
The following types of fires are exempt from all the provisions of this chapter except § 72-5F, Fire bans:
(1)
Fire solely for cooking food.
(2)
Recreational fires for warmth, fellowship, food preparation,
camping, ceremonial purposes of private individuals or organizations
(i.e., Boy/Girl Scouts).
(3)
Fires set in the performance of an official duty by
any fireman or public officer where the fire is for the prevention
of a hazard which cannot be abated by any other means; for the protection
of health, safety, or welfare; for the purpose of instructing personnel
in fire safety; or for other official purposes.
A.
The Chief of Police and any other police officer,
the municipal ordinance enforcement officer, and any other duly authorized
agent shall have the power and duty to enforce the provisions of this
chapter.
B.
Whenever the ordinance enforcement officer finds open burning occurring in the municipality, other than those exceptions noted in § 72-5 above, the ordinance enforcement officer may order the owner or operator to take corrective action in a manner satisfactory to the municipality or order the owner/operator to allow access to the land by a third party to take such action.
It shall be unlawful to fail to comply with
or to cause or assist in the violation of any of the provisions of
this chapter or fail to comply with any order or other requirement
of the municipality; or to cause a public nuisance; or to hinder,
obstruct, prevent, or interfere with the municipality or its personnel
in the performance of any duty hereunder, including denying the ordinance
enforcement officer or other authorized personnel access to the property
in question.
