[Ord. 196, 3/15/1999, § 1, as amended by Ord. 286,
10/19/2009]
The purpose of this Part 3 is to prevent public and private
nuisances caused by outdoor fires deliberately or carelessly set and
maintained within Lower Heidelberg Township and to avoid unnecessary
calls and false alarms to the Western Berks Fire Company.
[Ord. 196, 3/15/1999, § 1]
The following words and phrases used herein shall have the following
meanings:
Any fire contained in an incinerator, in a fireplace used
for outdoor cooking, or in a fireproof container such as an aboveground
fire pit or outdoor fireplace.
[Amended by Ord. 328, 6/16/2014]
Any fire set or maintained outside of a building.
The Township of Lower Heidelberg, Berks County, Pennsylvania.
Any fire except a contained fire.
[Ord. 196, 3/15/1999, § 1; as amended by Ord. 286,
10/19/2009; and by Ord. 328, 6/16/2014]
(a)
Except as provided below, no fire shall be set or maintained within
50 feet of any building or property line within the Township.
(b)
No fire shall be set or maintained on any public road or public property
within the Township.
(c)
No fire shall be set or maintained that may endanger any building
or property, except where such building or property is used by the
Western Berks Fire Company for training purposes. Fires shall be constantly
attended by an adult until fully extinguished.
(d)
No fire shall be set at any time on any legal holiday and from dusk
to dawn on any other day.
(e)
Subsections (a) and (d) shall not apply to gas or charcoal fires in appliances designed for the purpose of preparing foods (gas, electric or charcoal grills or stoves, etc.) or to aboveground fire pits and outdoor fireplaces. Fires in aboveground fire pits or outdoor fireplaces shall not be set or maintained within 10 feet of any building and must be extinguished by 10:30 p.m. The restrictions on uncontained fires set forth in §§ 305 and 307 shall apply to aboveground fire pits and outdoor fireplaces [excepting § 307(b)].
[Added by Ord. 305,[1] 3/19/2012, § 1]
The burning of designated recyclables and leaf waste, as these terms are defined in the Garbage, Refuse, and Recycling Ordinance (Chapter 11 of the Township Code), as may be amended from time to time, is hereby prohibited at all times within Lower Heidelberg Township.
[1]
Editor’s Note: This ordinance also provided for the
renumbering of former §§ 304 through 308 as §§ 305
through 309, respectively.
[Ord. 196, 3/15/1999, § 1; as amended by Ord. 286,
10/19/2009, § 3]
Any uncontained fire shall be by permit only in the R-4, R-5,
R-7, C-1, C-2 and I-1 Zoning Districts of the Township, as more fully
set forth and defined in the Lower Heidelberg Township Zoning Ordinance
of 1973, as amended.[1] Said permit shall be obtained from the Lower Heidelberg
Township Fire Marshal or the Fire Chief of the Western Berks Fire
Company and shall be granted provided:
(a)
Leaves, branches and other nonputrescible vegetable matter only are
burned.
(b)
There is no practical available alternative method for disposal of
the material to be burned.
(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 the Borough.
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Notwithstanding the foregoing, any uncontained fire permitted
pursuant to this section shall be subject, however, at all times to
the restrictions contained in § 307 of this chapter.
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[Ord. 196, 3/15/1999, § 1]
Uncontained fires shall be allowed to burn in any zoning district
of the Township not listed in § 305 of this chapter, subject,
however, at all times to the restrictions contained in § 307
of this chapter.
[Ord. 196, 3/15/1999, § 1]
All uncontained fires permitted by §§ 305 and
306 of this chapter shall be subject at all times to the following
restrictions:
(a)
No uncontained fire shall be allowed to burn whenever drought or
extreme weather conditions exist or when a ban on burning has been
put into effect by the Commonwealth of Pennsylvania or the Township
Supervisors. Notice of such restriction shall be given by notice in
a newspaper of general circulation and by posting a notice at the
Township office or by giving such other notice as the Township shall
deem appropriate.
(b)
The Lower Heidelberg Police Department must be notified in the event
a fire continues to burn after dusk.
(c)
No uncontained fire shall be maintained unless constantly attended
by at least one adult person.
(d)
Any uncontained fire which is permitted to burn in an unsafe manner
under adverse weather conditions or which is unsupervised or which
is determined to be unsafe by an official of the Western Berks Fire
Company or an officer of the Lower Heidelberg Township Police Department
shall be extinguished immediately upon demand by such official or
officer.
[As amended by Ord. 286, 10/19/2009, § 3]
[Ord. 196, 3/15/1999, § 1]
A person who violates any provision of this Part shall be guilty
of a summary offense and, upon conviction in a summary proceeding,
shall be sentenced to pay a fine of not exceeding $1,000 and costs.
If the violation requires the attendance of a fire company, the District
Justice shall take account of the costs incurred by the fire company
in responding to the violation in determining the amount of fine to
be levied.
[Ord. 196, 3/15/1999, § 1]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of Lower Heidelberg Township that this Part would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
