[Ord. 90-2, 8/13/1990, § 101; as amended by Ord.
2000-5, 9/11/2000; and by Ord. 2003-7, 11/10/2003, § 401]
As used in this Part, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
any specific device specifically designated for burning any
material for the production of heat in and for an occupied structure.
all putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
the Board of Supervisors of Smith Township.
trees, shrubs and other native vegetation which are cleared
from land during or prior to the process of construction. The term
does not include demolition wastes and dirt laden roots.
any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
a fire in which any material is burned or was burned and/or
is smoldering in open air or in a receptacle other than a furnace
or incinerator.
any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
garbage, rubbish and trade waste.
solids not considered to be highly flammable or explosive
including, but not limited to, rags, old clothes, leather, rubber,
carpets, wood, excelsior, paper, ashes, trees and/or tree parts including
branches, leaves, trimmings and the like, furniture, tin cans, glass,
crockery, masonry, tires, appliances, mattresses and other similar
materials.
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, containers or drums.
a solid or liquid material or rubbish from construction,
building operations or the prosecution of any business, trade or industry
including, but not limited to, plastic products, cartons, paint, grease,
oil and petroleum products, chemicals, cinders, shingles and other
forms of solid or liquid waste material; provided, that "trade waste"
shall not include any coal refuse associated with the mining or preparation
of coal.
leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery and other vegetative material.
[Ord. 90-2, 8/13/1990, § 102]
The Zoning Officer of Smith Township, and/or the police officers
and/or members of the police department of Smith Township as well
as the Supervisors of Smith Township shall have the power and duty
to enforce the provisions of this Part and therein each police officer,
Supervisor and Zoning Officer shall be considered an enforcement officer.
[Ord. 90-2, 8/13/1990, § 103; as amended by Ord.
2003-7, 11/10/2003, § 403]
Within the limits of Smith Township, no person shall:
1.
Ignite or feed an open fire for the destruction of refuse or in the
conduct of a salvage operation in any public or private place outside
any building.
3.
The terms and conditions contained in this Part as to salvage operations
shall be subject to and be limited by the other terms and conditions
contained in the Smith Township Code of Ordinances pertaining to the
operation of a salvage business or operation.
4.
No fire shall be allowed to burn unattended without a responsible
adult being present at all times and without readily available fire
extinguishing apparatus. No fire shall be set that results in uncontrolled
burning of vegetation (field fires). A responsible adult is defined
to be an individual 18 years or older (16 years or older if a certified
Junior Firemen) who is not under the influence of drugs or alcohol
or suffering from any disability which would impair his or her ability
to properly supervise a fire.
[Ord. 90-2, 8/13/1990, § 101; as amended by Ord.
2000-5, 9/11/2000; and by Ord. 2003-7, 11/10/2003, § 404]
1.
Open fires may be set in the performance of an official duty of any
public officer if the fire is necessary for the prevention of a fire
hazard which cannot be abated by other means or is necessary for the
protection of public health, safety and welfare.
A.
The following open fires may be set without a permit subject to the
limitations contained herein and/or unless otherwise specifically
required:
(1)
Open fires set to prevent or abate a fire hazard when approved
by the Department of Environmental Protection Regional Air Quality
Program Office, if thereby required, and when set by or under the
supervision of a public officer such as, but not limited to, fire
department personnel.
(2)
Open fires set for the purpose of instruction personnel in firefighting
when approved by the Department of Environmental Protection Regional
Air Quality Program, if thereby required.
(3)
Open fires set for the purpose of burning grubbing waste.
(4)
Open fires set for the purpose of burning yard waste.
B.
All of the aforementioned permitted fires must occur within the time
limit parameters as contained hereinbelow.
C.
All of the aforementioned fires, as well as those permitted hereinbelow
must be in accordance with the rules, regulations, restrictions and
requirements of the Department of Environmental Protection and/or
the Regional Air Quality Program.
2.
Open fires may be set as pertain to the following without a permit:
A.
Leaves, branches, other nonputrescible vegetation matter, untreated
wood and household paper products only are burned.
B.
There is no practical available alternative method for disposal of
the material to be burned.
C.
No hazardous or other objectionable condition will be created by
such burning.
D.
No such burning is allowed on any street or sidewalk within Smith
Township.
E.
All such burning must take place between the hours of 7:00 a.m. and
10:00 a.m. on Fridays and Saturdays only. Additionally, all fires
must be completely extinguished with no smoldering by 10:00 a.m. and/or
by any other time period as designated in this Part or otherwise established
by the enforcement officer.
F.
No burning whatsoever shall be permitted on Sundays or the following
holidays; New Year's Day, Good Friday, Memorial Day (observed),
Memorial Day (traditional), Independence Day, Labor Day, Thanksgiving
Day, Christmas Day.
G.
The Township itself by and through its agent reserves the right to
deny burning if weather conditions are such that said burning is deemed
to be dangerous or if such burning in and of itself is deemed to be
a threat to the general health, safety and welfare of the Township
and/or its citizens.
H.
The above terms and conditions notwithstanding, if a business entity
or an individual engaged in an ongoing business wherein, burning is
a regular aspect of said business, the same shall be permitted pursuant
to this Part if the same is otherwise permitted pursuant to this Part
and/or Code of Ordinances wherein the same shall be in compliance
with all other ordinances and rules and regulations of Smith Township
including but not limited to the Zoning Ordinance, Waste Ordinance,
and any and all rules and regulations provided or mandated by the
Department of Environmental Resources of the Commonwealth of Pennsylvania.
I.
The above terms and conditions notwithstanding, this Part shall not
apply to normal outdoor cooking, barbecuing and the like wherein no
person is required to obtain a permit nor shall said activity be in
violation of this Part if the same is conduced for purposes of preparing
food for consumption on the premises and is otherwise conducted in
a proper and careful manner under the circumstances.
J.
The Township of Smith and its officers, employees and agents are
exempt from the provisions of this Part when the burning activity
is conducted in the furtherance of Township operations or procedures.
K.
A permit is required from the Enforcement Agent as appointed by resolution
of the Board of Supervisors for any open fires that are otherwise
permitted which take place on days and/or times other than as restricted
in subsection (E) above. This requirement of a permit includes, but
is not limited to, agricultural activities, as well as situations
wherein a hardship may exist.
L.
The Board of Supervisors shall establish by resolution, now and in
the future, the amount of the application fee for the processing of
the approval requests to the authorized enforcement agent.
[Ord. 90-2, 8/13/1990; as amended by Ord. 97-5, 11/19/1997]
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 one thousand dollars ($1,000,00)
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.
