[HISTORY: Adopted by the Board of Supervisors of the Township of
Lancaster 1-27-1986 by Ord. No. 1986-1.
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Lancaster Township
Burning Ordinance."
A.
The singular shall include the plural, the plural shall
include the singular and the masculine shall include the feminine.
B.
PERSON
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:
Natural persons, individuals, partnerships, associations, firms,
corporations, owners, lessees, licensees and the agents of each of them.
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.
[Amended 5-12-1997 by Ord. No. 1997-2]
Nothing herein provided shall prohibit:
A.
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.
B.
Any fire, the sole purpose of which is to cook or prepare
food, provided that said fire is confined in a fireproof container.
C.
Any fire maintained on property in excess of 10 acres
and used exclusively for agricultural purposes.
D.
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.
A.
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.
B.
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.
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.