Township of Lancaster, PA Burning, Outdoor

For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, unless from the particular context thereof it clearly appears that some other meaning is intended:

PERSON

Natural persons, individuals, partnerships, associations, firms, corporations, owners, lessees, licensees and the agents of each of them.

§ 121-3 Unlawful acts.

It shall be unlawful for any person, either directly or indirectly, to ignite, kindle or maintain any bonfire or other fire or to authorize or permit any such fire to be ignited, kindled or maintained on any public or private street, avenue, highway, road, alley or public or private land within the Township of Lancaster, County of Lancaster, Commonwealth of Pennsylvania, except as may be provided for in this chapter.

§ 121-4 Exceptions.

[Amended 5-12-1997 by Ord. No. 1997-2]

Nothing herein provided shall prohibit:

Any fires or incineration, so long as such activity is carried on wholly within the confines of a permanent structure intended for the habitation of human beings.

Any fire, the sole purpose of which is to cook or prepare food, provided that said fire is confined in a fireproof container.

Any fire maintained on property in excess of 10 acres and used exclusively for agricultural purposes.

Any controlled fire set for the purpose of instructing personnel in fire fighting, subject to the following:

(1)

Prior written approval has been received from the Pennsylvania Department of Environmental Protection or any successor agency and is available for inspection by township representatives;

(2)

The township has received written indemnification, suitable in form and substance to the township or its consultants, indemnifying the township against liability for damages to persons or property resulting from the controlled fire;

(3)

Proof of adequate insurance for any damage caused by the fire;

(4)

Express written consent of the underlying landowner of the property on which the controlled fire will be set; and

(5)

The Board of Supervisors, upon review of any application for a controlled burning exercise, shall have the right to approve or deny such requests in the Board's sole discretion.

§ 121-5 Other provisions adopted by reference.

In addition to the regulations and conditions for burning contained herein, the Air Pollution Control Act of the Commonwealth of Pennsylvania, P.L. 2119,[1] and the provisions and conditions contained therein, as they provide on the date of enactment hereof, as well as regulations of the Department of Environmental Protection of the Commonwealth of Pennsylvania, as they pertain to said Act and as they provide on the date of enactment hereof, are incorporated herein as if the same were set forth at length herein. Copies of said regulations are available for public inspection at the township office during normal business hours.

[1]

Editor's Note: See 35 P.S. § 4001 et seq.

In the event that said regulations are amended after the date of enactment hereof, then said amendments shall not be incorporated herein unless express action is taken by the Board of Supervisors.

§ 121-6 Violations and penalties.

Any person, whether as principal, agent or employee or otherwise, who violates or assists another in violating any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction before any District Justice or similar official having jurisdiction thereof, shall be sentenced to pay a fine of not less than $50 nor more than $300, together with the costs of prosecution, and, in default of the payment of said fine and costs, shall be committed to the Lancaster County Prison for a period not exceeding 30 days. Each violation of any provision of this chapter shall constitute a separate offense for which a summary conviction may be brought.