[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,[1] does hereby enact and ordain this chapter.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
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.
Trees, shrubs and other native vegetation which are cleared from
land during or prior to the process of construction or agricultural land maintenance.
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.
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.
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.
Leaves, grass clippings, garden residue, tree trimmings, chipped
shrubbery, and other vegetative material from residential yard maintenance.
A.
All open burning requires adult supervision, and no fire
will be left unattended.
B.
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:
(1)
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.
(2)
Said container shall not be placed on or near any combustible
material nor on the surface of any public street or road.
C.
Clearing and grubbing waste may be burned subject to
the following requirements:
(1)
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.
(2)
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.
(3)
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.
D.
Burning leaves prohibited. No person shall burn tree
leaves or other residential yard waste for any reason within the Township
of Raccoon.
E.
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.
F.
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.
G.
The following types of fires are exempt from all the provisions of this chapter except Subsection F declared fire bans:
(1)
Fire solely for cooking food.
(2)
Recreational fires for warmth, fellowship, food preparation,
camping, ceremonial purposes of private individuals or organizations (i.e.,
Boy/Girl Scouts).
(3)
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.
A.
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.
B.
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[1] and/or the Township ordinance authorizing civil enforcement and
penalties.[2] Each day's continuance of a violation after notification
shall constitute a separate offense.
