[Ord. 2009-393,[1] 11/5/2009]
For the purpose of this Part, the following definitions shall
pertain:
Devices and/or equipment that are solely utilized and designed
for the cooking of food. Barbeque grills/pits can be constructed to
be portable, permanent or in-ground equipment. In-ground pits shall
be below grade level and not be larger than 25 square feet in area.
An outdoor fire utilized for ceremonial purposes.
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. "Open burning" does not include
road flares, smudge-pots and similar devices associated with safety
or occupational uses typically considered open flames or recreational
fires. For the purposes of this definition, a chamber shall be regarded
as enclosed when, during the time combustion occurs, only apertures,
ducts, stacks, flues or chimneys necessary to provide combustion air
and permit the escape of exhaust gas are open.
An outdoor fire, burning materials other than trash or rubbish,
where the fuel is being burned for pleasure, religious, ceremonial,
cooking, warmth or similar purposes, which is not contained in an
incinerator, outdoor fireplace, barbeque grill or barbeque pit and
has a total area of three feet or less in diameter and two feet or
less in height.
[1]
Editor's Note: This ordinance also superseded former
Part 2, Open Burning, adopted 7/2/2009 by Ord. 2009-392.
[Ord. 2009-393, 11/5/2009]
A person shall not kindle or maintain or authorize to be kindled
or maintained any open burning unless conducted and approved in accordance
with this Part.
[Ord. 2009-393, 11/5/2009]
1.
Recreational Fires.
A.
Recreational fires shall not exceed three feet in width and two feet
in height.
B.
Recreational fires shall have a supervising adult present at all
times and shall not be closer than 25 feet to any structure or property
line.
C.
Recreational fires shall be completely extinguished before the supervising
adult leaves the fire location.
D.
Recreational fires are limited to dry and seasoned tree wood which
is not rotted or rotting or construction wood which is not chemically
preserved or treated, in order to avoid smoldering or offensive odors.
E.
Recreational fires shall not be burned between 12:00 midnight and
9:00 a.m., and all fires shall be contained via a fire ring.
2.
Fires may be set in the performance of official duties by the Fire
Chief or his designee when necessary for any of the following purposes:
A.
For the abatement of a fire hazard which cannot be abated by other
means.
B.
For training in firefighting or for research in control of fires
under supervision of the Fire Chief or his designee.
C.
In an emergency or other extraordinary circumstances when open burning
is determined by the Fire Chief to be in the public interest.
3.
Other Open Burning Allowed.
A.
Open burning shall be allowed for kindling a fire for recognized
silvicultural or range or wildlife management practices, prevention
or control of disease or pests on recognized agricultural property
or other locations as approved by the Township.
B.
Open burning for the removal of felled trees for land development
purposes shall be allowed through the use of air curtain destructor
or other approved methods of land clearing as permitted by the Pennsylvania
DEP and EPA after obtaining a fire prevention permit from the Township.
C.
Open burning of trees and tree debris shall be permitted by the Township
under special circumstances such as extensive storm damage and the
like. All persons conducting open burning for storm damage reasons
shall do so only after announcement from the Township that such burning
is allowed and after registering with the Township Department of Community
Development.
D.
Open burning of bonfires for ceremonial purposes by recognized organizations
within the Township after receiving approval via a fire prevention
permit from the Township.
E.
Nothing in this Part shall allow open burning in violation of burning
bans imposed by the State of Pennsylvania or any other prohibitions
enacted by the State of Pennsylvania, the County of Butler, or the
Township.
4.
Use of Burn Barrels.
A.
Burn barrels shall be allowed for providing warmth for persons that
are outdoors and shall only be allowed when the air temperature is
45° Fahrenheit or lower.
B.
Burn barrels shall not be allowed closer than 25 feet to any structure.
C.
Burn barrels shall not be used for the disposal of trash, garbage
or other waste. Only clean burning wood shall be allowed for fuel.
D.
Burn barrels shall only be used while under supervision of an adult
and must be completely extinguished when the supervision ceases.
[Ord. 2009-393, 11/5/2009]
1.
Adequate means for extinguishing fires shall be within reasonable
distance from any fire and shall be there for the duration of the
fire.
2.
Fires shall not be burned during periods of high wind or extreme
drought nor when atmospheric conditions or local circumstances make
such fires hazardous.
3.
Fires shall be prohibited if conditions are such that burning would
be hazardous to the health, safety and general welfare of persons
or property in the community, including but not limited to smoke or
odor emissions that are considered to be offensive. Any person who
refuses to extinguish such a fire after being informed by a Township
firefighter, police officer or other Township officer or employee
shall be in violation of this Part.
[Ord. 2009-393, 11/5/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000, plus costs, and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense. This Part may be enforced by
a Cranberry Township Police Officer, the Township Manager or designee,
or a Cranberry Township Code Enforcement Officer.
