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:
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, petrochemicals, furniture, carpets, rags, old clothing
and any waste not herein defined as yard waste or trade waste.
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, 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.
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.