[Ord. 33, 7/11/1991, § 1; as amended by Ord. 46,
2/5/1998]
Unless specifically defined below, words and phases used in
this Part shall be interpreted so as to give this Part its most reasonable
application.
BURNING AND FIRE
Includes smoking and smoldering ash or debris and any smoking
or smoldering during prohibited hours shall be a violation of this
Part.
FURNACE
Any enclosed device specifically designed for burning any
material for the production of heat.
GARBAGE
All decayable animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
OPEN FIRE
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive
including, but not limited to, rags, old clothes, leather, rubber,
carpets, wood, excelsior, paper, ashes, tree branches, tree leaves,
yard trimmings, furniture, tin cans, glass, crockery, masonry and
other similar materials.
SALVAGE OPERATION
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.
TOWNSHIP
The Township of Manheim, York County, Pennsylvania.
TOWNSHIP POLICE
The Police Department of the Township of Manheim, York County,
Pennsylvania.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction,
building operations, or the operation 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.
[Ord. 33, 7/11/1991, § 2]
No person, firm, partnership or corporation shall set or start
or maintain or permit any fire anywhere within the Township except
as follows:
A. Open fires may be set in the performance of an official duty of any
public officer if the fire is necessary for:
(1) The prevention of a fire hazard which can not be abated by other
means.
(2) The protection of public health.
B. Outside burning shall be permitted in any approved container covered
with wire mesh located at least 25 feet from any structure or building;
provided:
(1) Leaves, branches and other nondecayable vegetable matter only are
burned.
(2) There is no practical available alternative method for disposal of
the material to be burned.
(3) No hazardous or other objectionable condition will be created by
such burning.
(4) No such burning is allowed on any street or sidewalk within Manheim
Township.
(5) Outside burning shall be permitted between the hours of 8:00 a.m.
to 6:00 p.m., Monday through Saturday, and during daylight savings
time between the hours of 8:00 a.m. and 7:00 p.m., Monday through
Saturday, and at not other times.
[Ord. 33, 7/11/1991, § 3]
Excluded from § 102(2) of this Part shall be the agricultural
burning of fence rows, trees, stumps and other agricultural related
items, but this exclusion shall not extend to those items which include
garbage, refuse, rubbish and trade waste.
[Ord. 33, 7/11/1991, § 4]
All burning as permitted hereunder must be attended by a person
of at least 12 years of age or older who must, except for short absences,
attend said fire or burning or smoking or smoldering until said burning
is totally extinguished.
[Ord. 33, 7/11/1991, § 5; as amended by Ord. 46,
2/5/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice 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.
[Ord. 33, 7/11/1991, § 6]
In the event that the County Fire Marshall declares a ban on
burning, the Township of Manheim will adhere to the ban; the Board
of Supervisors shall issue any exemptions in writing, at their discretion.
[Ord. 32, 8/16/1990, § 1]
For purpose of this Part, the following words shall have the
following meanings:
DWELLING UNIT
A structure, or portion thereof, building, or portion thereof,
arranged for the use of one or more individuals living together as
a housekeeping unit on a permanent, temporary or transient basis which
may or may not include sanitary facilities or facilities for preparation,
storage or serving food.
OWNER
Any person who, alone, or jointly or severally with other
persons, has legal title to any premises. This includes any person
who has charge, care or control over any premises as (a) an agent,
officer, fiduciary, or employee of the owners; (b) the committee,
conservator, or legal guardian of an owner who is incompetent, a minor
or otherwise under a disability; (c) a trustee elected or appointed,
or a person required by law to act as a trustee, other than a trustee
under a deed of trust to secure the payment of money; or, (d) an executor,
administrator, receiver, fiduciary, officer appointed by any court,
attorney-in-fact, or other similar representative of the owner or
his or her estate. This does not include a lessee, a sublessee or
other person who merely has the right to occupy or possess a premises.
SMOKE DETECTOR
A device which detects visible or invisible particles of
combustion, and is capable of providing a suitable audible alarm of
at least 85 decibels at 10 feet, either ionization or photo-electric
type.
[Ord. 32, 8/16/1990, § 2]
In each dwelling unit or individual apartment within buildings
used as a multiple dwelling, there shall be provided by the owner
of the real estate, a minimum of one smoke detector sensing device,
which has received Underwriters Laboratories approval.
[Ord. 32, 8/16/1990, § 3]
Said smoke detector sensor device shall provide an alarm suitable
to warn occupants within individual dwelling units in the event of
fire.
[Ord. 32, 8/16/1990, § 4; as amended by Ord. 46,
2/5/1998]
The smoke detector sensing device shall be immediately installed
in all newly constructed dwelling units and shall be installed, by
the owner, in all apartment buildings within Manheim Township.
[Ord. 32, 8/16/1990, § 5; as amended by Ord. 46,
2/5/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice 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.