This chapter shall be known and may be cited as the "West Donegal
Township Open Fires and Outdoor Burning Ordinance."
It is against public policy to permit uncontrolled and unrestricted
outdoor burning. The purpose of this chapter is to prevent needless
damage to life and property because of public and private nuisances
caused by outdoor fires deliberately or carelessly set and maintained.
For the purpose of this chapter, the following words and terms
shall have the meanings ascribed to them herein:
CONTAINED FIRE
Any fire contained in an incinerator, fireplace, cooking
grill or other fireproof container or enclosure designed for outdoor
cooking or heating.
ENFORCEMENT OFFICER
The person designated by the Board of Supervisors of the
Township to enforce this chapter. The enforcement officer may hold
other positions with the Township.
FIRE
Any fire set or maintained outside of a building.
PERSON
Any individual, partnership, corporation, organization, association,
agency, firm, estate and any other legally recognized entity, and
the members of such partnership or association and the officers of
such corporation.
POLICE DEPARTMENT
The Northwest Regional Lancaster County Police Department
or any successor municipal or multimunicipal police department having
jurisdiction within the corporate boundaries of the Township.
[Added 4-3-2006 by Ord. No. 169-2006]
POLICE OFFICER
Any member of the Northwest Regional Police Department.
RESPONSIBLE ADULT
An individual 18 years or older who is not under the influence
of drugs, alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
TOWNSHIP
The Township of West Donegal, Lancaster County, Pennsylvania.
It shall be unlawful to set, start, feed, permit or maintain any fire containing construction debris, plastics, rubber, manufacturing or commercial by-products or wastes, any hazardous substance as defined by the Commonwealth of Pennsylvania or any other competent governmental body, any designated recyclable material as defined in, and in accordance with, Chapter
183, Solid Waste, of the Code of the Township of West Donegal or any substance that is not readily combustible.
[Added 4-3-2006 by Ord. No. 169-2006]
It is a violation of this chapter for any person to allow any
fire to burn under adverse weather conditions or unsupervised or otherwise
in an unsafe manner or as an uncontrolled fire. Any person on a property
where a fire is burning under adverse weather conditions, unsupervised
or otherwise in an unsafe manner as an uncontrolled fire or otherwise
in violation of this chapter shall extinguish such outdoor fire immediately
upon the request of the enforcement officer, a police officer, or
any member of a volunteer fire company which has been called to the
property. Failure to extinguish such outdoor fire upon such a request
is a violation of this chapter. If no person is on such property or
if such person refuses to or cannot otherwise extinguish the fire
upon request of the enforcement officer, police officer, or a fire
fighter, such enforcement officer, police officer or fire fighter
may take all appropriate action to extinguish the fire.
In the event that it is necessary to have an uncontained fire
of a size and/or at a time other than permitted under this chapter,
the landowner must obtain special permission in advance from the enforcement
officer and the Fire Chief (or his designee) of the volunteer fire
company providing service to the area in which a property is located.
[Amended 4-3-2006 by Ord. No. 169-2006]
The enforcement officer and any police officer shall have the
power to enforce any provisions of this chapter. The Board of Supervisors
specifically authorizes the enforcement officer to issue citations
to enforce this chapter.