As used in this chapter, the following terms shall have the
meanings indicated:
AIR CONTAMINANT
Smoke, dust, fumes, gas, odor, mist, vapor or any combination
thereof.
AGRICULTURAL BURNING
Open burning producing air contaminants and air pollution
arising from the production of agricultural commodities in their unmanufactured
state, but shall not include open burning of materials produced or
manufactured off the premises of the farm operation.
CLEARING AND GRUBBING WASTES
Trees, shrubs and other native vegetation which are cleared
from land prior to or during the process of construction. The term
does not include demolition wastes, construction wastes, industrial
wastes or dirt-laden roots.
DER
The Department of Environmental Resources of the Commonwealth
of Pennsylvania.
FLUE
Any duct, pipe, stack, chimney or conduit permitting air contaminants to be emitted into the outdoor atmosphere which is of such a nature as to permit the performance of the test methods and procedures as described in Chapter
139 of Title 25 of the Rules and Regulations of the Department of Environmental Resources (Air Quality).
OPEN BURNING
An intentionally ignited fire which emits air contaminants
into the outdoor atmosphere, except those fires where the air contaminants
are emitted into the outdoor atmosphere through a flue and those fires
ignited solely for the purpose of cooking food.
PERSON
Any individual, public or private corporation, for profit
or not for profit, association, partnership, firm, trust, estate,
department, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
PUBLIC OFFICER
Any employee of DER while acting in his official capacity,
a police officer, the Zoning Officer of West Manchester Township,
the Manager of West Manchester Township or any line officer of a fire
company serving West Manchester Township.
TOWNSHIP
The Township of West Manchester.
Except as is hereinafter provided, no person shall conduct open
burning within the jurisdictional boundaries of West Manchester Township.
[Added 6-26-2008 by Ord. No. 08-08]
A. Any person occupying a single-family detached dwelling may, without
obtaining a permit pursuant to the provisions of this chapter, conduct
open burning in an outdoor patio stove, grill, chiminea, factory-built
novelty stove or other similar device subject to the following regulations:
(1) Only seasoned wood, cooking charcoal, natural gas or bottled gas
shall be permitted to be used as fuel in any outdoor patio stove,
grill, chiminea, factory-built novelty stove or other similar device.
(2) An outdoor patio stove, grill, chiminea, factory-built novelty stove
or other similar device shall be used and operated only on noncombustible
surfaces and shall only be used or operated when located at least
15 feet from any structure.
B. No open burning shall continue beyond sundown unless specifically
permitted by the West Manchester Township Fire Department, the West
Manchester Township Fire Chief, or a Company Fire Chief; provided,
however, that open burning conducted without a permit pursuant to
this section may continue after sundown and until 10:00 p.m. (prevailing
time) on weekday evenings (Sunday through Thursday) and until 12:00
midnight (prevailing time) on weekend evenings (Friday and Saturday).
Open burning conducted pursuant to this section shall be prohibited
from 12:00 midnight until sunrise.
[Amended 2-24-2011 by Ord. No. 11-01]
Following the issuance of a permit by the Township, a person
may conduct open burning within the jurisdictional boundaries of West
Manchester Township for the following purposes:
A. Any open burning ignited to abate or prevent a fire hazard when the
open burning is ignited under the supervision of a public officer.
B. Any open burning ignited for the purpose of instructing fire company
personnel in fire-fighting techniques.
C. Any open burning ignited for the prevention and control of disease
or pests.
D. Any agricultural burning.
E. Any open burning ignited to burn clearing and grubbing wastes.
F. Any open burning ignited solely for recreational or ceremonial purposes.
[Amended 6-26-2008 by Ord. No. 08-08]
Any person who shall be granted an open burning permit by the Township, or any person who shall conduct open burning without obtaining a permit pursuant to the provisions of §
63-2.1 of this chapter, shall conduct the open burning in accordance with the following regulations:
A. All open burning shall be conducted in a safe and reasonable manner
and in a location that does not endanger life or property and does
not unreasonably interfere with comfortable enjoyment of life or property.
B. No open burning shall continue beyond sundown unless specifically
permitted.
C. No open burning shall be conducted during fire hazard periods as
declared by the Township.
D. All open burning shall be extinguished upon the order of a public
officer.
[Amended 6-26-2008 by Ord. No. 08-08]
Any permit issued pursuant to this chapter or any open burning
permitted by this chapter without obtaining a permit may be revoked,
prohibited or suspended by the Township if a person conducts open
burning in violation of the conditions of the permit or the provisions
of this chapter.
[Amended 11-14-1991 by Ord. No. 91-09; 5-9-1996 by Ord. No. 96-14; 6-26-1997 by Ord. No. 97-15]
Any person who violates any provision of this chapter shall,
for each offense, upon conviction thereof in a summary proceeding
before a District Justice, be sentenced to pay the costs of prosecution
and a fine not exceeding $600, together with costs of prosecution
and, in default of payment of such fine and costs, to imprisonment
for not more than 30 days.