[HISTORY: Adopted by the Board of Supervisors of the Township of Raccoon 10-12-2004 by Ord. No. 04-2. Amendments noted where applicable.]
This chapter shall be known and may be cited as the “Raccoon Township Open Burning Ordinance of 2004.”
The Board of Supervisors of Raccoon Township under, and by virtue of and pursuant to the authority granted by the Second Class Township 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 Raccoon. 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.
- 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, petrochemicals, furniture, carpets, rags, old clothing and any waste not herein defined as yard waste or trade waste.
- The Township of Raccoon or the Township.
- OPEN BURNING
- 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, associates, partnership, firm, estate, department, board, bureau or agency of the commonwealth or the federal government, municipality, district authority, or any 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, electrical 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 trade waste shall not include any coal refuse associates 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.
All open burning requires adult supervision, and no fire will be left unattended.
All open burning shall be done in an approved container such as a metal barrel or concrete enclosure with a top (cover) so constructed as to prevent flying embers from escaping into the atmosphere and shall conform to the following:
Said container shall be placed on privately owned property, but in no event shall be placed closer than 20 feet from any property line or from any dwelling or structure, inhabited or not.
Said container shall not be placed on or near any combustible material nor on the surface of any public street or road.
Clearing and grubbing waste may be burned subject to the following requirements:
At least two days' notice of controlled burning must be given to the Township of Raccoon, the Chief of the Raccoon Township Volunteer Fire Department, and the County Fire Dispatch Center, if any, before setting said fire. The time limitation set forth in this provision may be waived by the Raccoon Township Volunteer Department Chief or his designee.
No controlled burning shall take place on any day before 6:00 a.m. or after 10:00 p.m. or on Sundays or legal holidays. The time limitation set forth in this provision may be waived by the Raccoon Township Volunteer Department Chief or his or her designee.
If the Raccoon Township Volunteer Fire Department is needed to extinguish a controlled burning fire that becomes out of control, costs may be charged to the property owner, or his agent, by the Raccoon Township Volunteer Fire Department.
Burning leaves prohibited. No person shall burn tree leaves or other residential yard waste for any reason within the Township of Raccoon.
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.
The Board of Supervisors of Raccoon Township may declare a fire ban emergency in the Township with or without consultation with the Chief of the Raccoon Township Volunteer Fire Department during a period of drought or other periods of high risk to woodlands or property within the municipality.
The following types of fires are exempt from all the provisions of this chapter except Subsection F declared fire bans:
Fire solely for cooking food.
Recreational fires for warmth, fellowship, food preparation, camping, ceremonial purposes of private individuals or organizations (i.e., Boy/Girl Scouts).
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 any other official purpose.
The Raccoon Township Police Department, the Township Code Enforcement Officer, and any other duly authorized agent shall have the power and duty to enforce the provisions of this chapter.
Whenever the Code Enforcement Officer finds open burning occurring in the Township, other than those exceptions noted in § 124-5 above, the Code 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 Township of Raccoon; 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 Code Enforcement Officer or other authorized personnel access to the property in question.
Any person violating any provision of this chapter shall be subject to a civil penalty as authorized by the Second Class Township Code and/or the Township ordinance authorizing civil enforcement and penalties. Each day's continuance of a violation after notification shall constitute a separate offense.