[HISTORY: Adopted by the Board of Supervisors of the Township
of Derry 10-6-1990 by Ord. No. 1990-3. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Waste which is generated from the normal occupancy of a structure
occupied solely as a dwelling by two families or less. The term does
not include appliances, carpets, demolition waste (insulation, shingles,
siding, etc.), furniture, mattresses or box springs, paint, putrescible
waste, solvents, tires, or treated wood.
[Added 11-2-2020 by Ord. No. 2020-4]
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge, or any other combustible material.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
Garbage, rubbish and trade waste.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
excelsior, furniture, tin cans, glass, crockery, masonry and other
similar materials.
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.
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.
[Amended 11-2-2020 by Ord. No. 2020-4]
Within the limits of the Township of Derry, except as permitted
otherwise per this chapter, no person shall:
A.
Ignite, feed and/or cause, suffer, allow or permit an open fire on
his, her, their or its property;
B.
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 outside
any building;
C.
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 outside of any building; and/or
D.
Otherwise
cause, suffer, allow or permit an open fire or burning for destruction
of any material, except as provided or permitted in accord with this
chapter.
[Amended 5-17-2004 by Ord. No. 2004-3; 11-2-2020 by Ord. No. 2020-4]
A.
After the effective date of this chapter, no person may permit the
open burning of material within the Township of Deny, with the exception
of the following:
(1)
A fire
set to prevent or abate a fire hazard, when approved by the Department
of Environmental Protection's Regional Air Quality Program office,
or successor office, and set by or under the supervision of a public
officer;
(2)
Any
fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection's Regional
Air Quality Program office, or successor office;
(3)
A fire
set for the prevention and control of disease or pests, when approved
by the Department of Environmental Protection's Regional Air Quality
Program office, or successor office;
(4)
A fire
set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation;
(5)
A fire
set for the purpose of burning that amount of domestic refuse generated
from one dwelling, when the fire is on the premises of a structure
occupied solely as a dwelling by two families or less and when the
refuse results from the normal occupancy of said structure. Except
as otherwise noted herein, and then only on the said day of the week
and during the time indicated, only wood, paper, and other nonputrescible
vegetable matter may be burned, provided that:
(a)
No
hazardous, unsafe or dangerous condition or conditions will be created
by such open burning;
(b)
No
conditions that would be objectionable to a reasonable man or woman
are created; and
(c)
No
burning shall be permitted or allowed on any alley, road, street or
sidewalk, within the Township of Derry.
(6)
Open
fires hereunder may set or maintained only on Saturday and only between
the hours of 7:00 a.m., and no later than 10:00 a.m., prevailing time,
by which time the fire shall be extinguished, time being of the essence;
(7)
Anything in this chapter or in this § 86-3, Exceptions, to the contrary notwithstanding, in no case whatsoever shall there be any burning of leaves;
(8)
A fire
set solely for a barbecue and cooking of food; and
(9)
A fire
set solely for recreational or ceremonial purposes.
B.
Exceptions as to the time of burning or the day of burning may be
granted upon the showing of special circumstances, together with a
special request for a permit being delivered to the Township Secretary/Township
Manager, in writing. Such permit, if issued, shall be in writing and
shall set forth the specific terms, conditions and limitations thereof.
The Board of Supervisors of the Township of Derry, or its designated
enforcement officer, shall have the power and duty to enforce the
provisions of this chapter.
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.
