[HISTORY: Adopted by the Board of Supervisors of the Township
of Silver Spring 4-25-2007 by Ord. No. 3-2007. Amendments noted where
applicable.]
The following words shall have the particular meaning assigned
by this section in the appropriate sections of this chapter:
An object or structure made of noncombustible material designed
and used for burning firewood and which contains firebox and chimney.
A container or structure made of noncombustible material,
which is designed and used for burning firewood.
The hard fibrous substance from trees which is used as fuel.
It shall be and is hereby declared to be unlawful for any person,
firm, partnership or corporation to burn any substance or maintain
any fire upon any of the public streets, roads, highways, alleys,
sidewalks, parks or other public grounds within and under the jurisdiction
of the Township of Silver Spring, unless specifically authorized in
advance of such burning by specific authority of the Board of Supervisors.
It shall be and is hereby declared to be unlawful for any person
or entity to burn or permit to be burned any substances or maintain
or permit to be maintained any fire out of doors on any tract of land
within the Township of Silver Spring, except for the following:
A.
Outdoor fires using only dry seasoned firewood, gas or charcoal to
cook food for human consumption, provided the fire is confined to
a fire ring, fireplace, charcoal or gas grill or other similar fireproof
container;
B.
Only one fire ring, not more than 36 inches in diameter, is permitted
on any tract of land and must be located a minimum of 25 lineal feet
from any boundary line of the tract of land on which it is located;
C.
Fires used exclusively for agricultural purposes on properties containing
a minimum of 10 acres, provided that any such burning occurs at a
distance of not less than 100 lineal feet from the nearest point of
any building and not less than 100 lineal feet from any boundary line
of the tract of land on which said burning occurs; and
D.
Bonfires, upon the issuance of a permit from the Emergency Management
Coordinator, provided that:
(1)
The fuel for the bonfire shall not be more than five feet long by
five feet wide by five feet high in dimension and shall not burn longer
than three hours. The size and duration of a bonfire shall only be
increased with the approval of the Emergency Management Coordinator;
(2)
A portable fire extinguisher or small hose line must be kept available
and ready for service;
(3)
Fuel for a bonfire shall consist only of seasoned, dry firewood and
shall be ignited with a small quantity of paper; and
(4)
Any such bonfire must occur at a distance of not less than 100 linear
feet from the nearest point of any building and not less than 100
lineal feet from any boundary line of the tract of land on which said
bonfire occurs.
Additional restrictions may be placed on fires by the Emergency
Management Coordinator if it is determined that the situation is likely
to constitute an unreasonable threat to people or property. During
periods of low humidity, drought, high wind or other adverse weather
conditions, the official may restrict burning to prevent the spread
of fire. The Emergency Management Coordinator shall have the authority
to order the extinguishment of any fire in violation of this chapter
or which is an unreasonable threat to people or property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000 plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
