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:
ADULT
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.
BURNING
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.
CLEARING AND GRUBBING WASTES
Trees, shrubs and other native vegetation which are cleared
from land during or prior to the process of construction or agricultural
land maintenance.
DOMESTIC REFUSE
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.
MUNICIPALITY
A city, incorporated town, borough, county, township or other
public body created under commonwealth law having jurisdiction over
the disposal of wastes.
OPEN BURNING
A fire emitting contaminants directly into the atmosphere,
not directed through a flue.
PERSON
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.
TRADE WASTE
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.
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material from residential
yard maintenance.
Any person violating any provision of this chapter shall be subject to the appropriate penalties set forth in Chapter
1, General Provisions, Article
II
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.