Township of Shirley, PA Chapter 94 Burning, Open

[HISTORY: Adopted by the Board of Supervisors of the Township of Shirley 12-30-2002 by Ord. No. 2002-1. Amendments noted where applicable.]

§ 94-1 Authority.

Pursuant to Section 1527 of the Second Class Township Code,[1] the Board of Supervisors has the authority to adopt ordinances which secure the safety of persons or property within the Township.

[1] Editor's Note: See 53 P.S. § 66527.

§ 94-2 Policy.

The Board of Supervisors, in enacting this chapter, is furthering a policy to protect its citizens and property owners from the problems and nuisances caused by unregulated open burning.

§ 94-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

BOARD OF SUPERVISORS

The Board of Supervisors of Shirley Township, Huntingdon County, Pennsylvania.

FURNACE

Any enclosed device specifically designed for burning any material for the production of heat.

GARBAGE

All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.

INCINERATOR

Any device specifically designed for the destruction of burning of refuse, sewage sludge, or any other combustible material.

OPEN FIRE

A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.

PERSON

Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.

REFUSE

Garbage, rubbish and trade waste.

RUBBISH

Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.

SALVAGE OPERATION

Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including but not limited to metals, chemicals, shipping containers or drums.

TRADE WASTE

All solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.

§ 94-4 Regulations.

A. Within the limits of Shirley Township, Huntingdon County, Pennsylvania, no person within 100 feet of a residential structure shall:

(1) Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place; or

(2) Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse, or in the conduct of a salvage operation on any property under his control.

B. Exceptions.

(1) Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:

(a) The prevention of a fire hazard which cannot be abated by other means; or

(b) The protection of public health.

(2) Open fires may be set under the following circumstances, provided:

(a) Leaves, branches and other nonputrescible vegetable matter only are burned;

(b) No materials that are recyclables and collected at local dropoff sites and/or curbside recycling programs shall be burned;

[Amended 7-31-2008 by Ord. No. 2008-3]

(c) No hazardous or other objectionable condition will be created by such burning;

(d) No such burning is allowed on any street or sidewalk within Shirley Township, Huntingdon County, Pennsylvania;

(e) All such burning takes place only on Tuesday, Thursday, and Saturday, and only between the hours of 8:00 a.m. and 4:00 p.m. prevailing time;

(f) For the purpose of an ornamental or recreational campfire.

(g) Any open fire permitted by this exception shall not at any time be unattended.

§ 94-5 Enforcement.

The Board of Supervisors of Shirley Township or its designated Code Enforcement Officer shall have the power and duty to enforce the provisions of this chapter.

§ 94-6 Violations and penalties.

[Amended 3-27-2008 by Ord. No. 2008-1]

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.