This chapter shall be known and may be cited as the "Dickinson Township Outdoor Burning Ordinance."
This chapter is intended to promote public health, safety and welfare by preventing harmful air pollution and minimizing the potential for injury to persons and animals, loss of property or loss of life.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates or requires a different or contrary meaning:
To be on fire or smoldering, the setting on fire, the causing of fire or smoldering, to cause by fire or smoldering.
Natural wood which has not been painted, varnished or coated with a similar material; has not been pressure-treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
Any burning maintained outside a building or structure in an outdoor wood-fired heating or energy source device, incinerator, fireplace or other fireproof container.
Space in a building, structure or portion thereof for living, sleeping, eating or cooking.
The purpose for which a building, structure or portion thereof is utilized or occupied.
An apparatus, device, wood-fired boiler, stove, furnace or other equipment which is not located within a building or structure, other than in a structure principally housing or containing the outdoor wood-fired heating or energy source device, but which supplies heat or energy to habitable space or space intended for occupancy by humans or animals. Such term specifically includes apparatus, devices, boilers, stoves, furnaces or other equipment designed to burn fuel other than or in addition to wood, when used for purposes of burning wood.
Any natural person or persons, partnership, association, corporation, firm, fictitious name or any other individual or business entity or their agents.
Any materials for which the burning, discarding or disposition is regulated by local, state, or federal laws, statutes or regulations, and in addition thereto, the following:
Garbage, food waste, manure or other domestic waste materials.
Tires, rubber, plastic, and/or fiberglass materials.
Upholstered furniture, mattresses, and/or box springs.
Building materials containing petroleum-based products, including but not limited to shingles, roll roofing, tar paper (felt), foam sheathing, insulation, vinyl siding and floor covering, carpet, plastic pipe, fiberglass materials, plumbing fixtures, and/or packing materials.
Waste oil, paint, thinners, solvents, and/or household cleaning products.
Pesticides and herbicides.
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 burning.
Has the same meaning as burning, and any smoldering shall be deemed a burning.
Any man-made object having an ascertainable location on or in land or water, whether or not affixed to land.
Any burning maintained outside of a building or structure which is not a contained burning.
The Township Code Enforcement Officer, appointed fire and emergency management officials and any law enforcement officer shall be and hereby are charged with the authority to enforce the provisions of this chapter.
Any person who violates any provision of this chapter, upon summary conviction thereof, shall be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, and in default of payment thereof, be imprisoned in the Cumberland County Prison for a period of not more than 30 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.
In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful activities and to recover damages including the costs of extinguishment of unlawful burning and the costs incurred in protecting persons or property.