This chapter shall be known and may be cited
as the "Burning Control Ordinance."
It is against public policy to permit controlled
and unrestricted outdoor burning. The purpose of this chapter is to
prevent needless public damage to life and property because of public
and private nuisances caused by outdoor fires deliberately or carelessly
set and maintained.
The following words and terms shall have the
meanings set out herein:
BRUSH
Bushes, shrubs, thickets, tree trimmings, hedge clippings
and trees less than two inches in diameter.
[Added 12-27-2006 by Ord. No. 2006-4]
CONTAINED FIRE
Any outdoor fire contained in an incinerator, fireplace,
brazier, pit, fire ring or other similar contained or enclosed structure.
COOKING FIRE
Any fire for the purposes of cooking and contained in an
outdoor barbecue, gas or other type of cooking grill which is freestanding
and self-contained.
ENFORCEMENT OFFICER
The Township Zoning Officer and Manager, each of whom are
authorized to enforce this chapter and are designated as the Enforcement
Officer for this chapter.
FIRE
Any fire set or maintained outside a building.
GRUBBING WASTE
Tree parts, tree limbs, weeds, grass and other organic material.
INCINERATOR
Equipment having a combustion chamber which is enclosed on
at least three sides and constructed of noncombustible material such
as heavy-gauge steel, stone or firebrick, and shall include, but not
be limited to burn barrels. The top of the incinerator and any exhaust
area shall be equipped with a spark arrester having openings of not
more than one inch square or, alternatively, screening sufficient
to retard and reduce the escape of sparks.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not grass clippings.
[Added 2-28-2007 by Ord. No. 2007-1]
PERSON
Any individual, partnership, organization, association, agency,
firm, estate or corporation and any other legal or commercial entity.
RESPONSIBLE ADULT
Any 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.
[Amended 12-27-2006 by Ord. No. 2006-4; 2-28-2007 by Ord. No. 2007-1]
A. Burning of designated recyclables and leaf waste,
household trash, paper, cardboard, books, magazines, rugs, sofas,
chairs, beds, box springs, mattresses, curtains, drapes, aerosol cans,
spray paint cans, glass bottles or containers, compressed air or gas
containers, dry or wet cell batteries, tires, plastic, rubber, paint,
combustible or flammable liquids, solid waste, scrap lumber, construction
and/or demolition waste as defined by the Pennsylvania Solid Waste
Management Act of 1980, 35 P.S. § 6018.101 et seq., or any
other substances that are likely to emit noxious odors or dense smoke
is strictly prohibited.
B. No fire shall be allowed to burn unattended without
a responsible adult being present at all times and without readily
available fire extinguishing apparatus or equipment.
C. No fire shall be set that results in uncontrolled
burning of vegetation such as a field fire.
D. No person shall set, start, feed, permit to burn or
maintain any fire upon any of the streets, sidewalks, alleys or public
grounds of the Township, except where a designated area has been set
aside or reserved for this purpose and an appropriate container has
been provided to contain such fire.
E. No fire shall be permitted to burn whenever drought
or extreme weather conditions exist or when a ban on burning has been
placed into effect by the Commonwealth of Pennsylvania or other competent
governmental body. The Township Enforcement Officer may prohibit any
and all outdoor fires when atmospheric conditions or local circumstances
make such fires hazardous in the judgment of the Township Enforcement
Officer. In the event of such a prohibition, all fires, excluding
cooking fires and agricultural-related fires on properties in the
Agricultural Security Area of the Township, shall be prohibited.
[Amended 7-13-2021 by Ord. No. 2021-3]
It is a violation of this chapter for any person
to allow any fire to burn under adverse weather conditions or unsupervised,
otherwise in an unsafe manner or in violation of this chapter. Any
such fire may be extinguished by an official of the Township-designated
Fire Company or extinguished immediately upon request of such official.
In the event that any Fire Company is required to respond to a fire
which violates the provisions of this chapter, a service fee may be
levied by the responding Fire Company.