[Ord. 1-2014, 2/17/2014]
This Part shall be known and may be cited as the "Jackson Township Open Burning Ordinance."
[Ord. 1-2014, 2/17/2014]
The Board of Supervisors of the Township of Jackson, under, and by virtue of and pursuant to, the authority granted by the Second Class Township Code, 53 P.S. §§ 66527 and 66529; the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.1501; and the Air Pollution Control Act, 35 P.S. § 4012, does hereby enact and ordain this Part.
[Ord. 1-2014, 2/17/2014]
Whereas the Board of Supervisors of Jackson Township has determined that air pollution from open burning may be detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of Jackson Township and may constitute a nuisance, and furthermore, the Board desires to encourage recycling, it is hereby declared to be the policy of the Township to place reasonable regulations upon open burning in the Township.
[Ord. 1-2014, 2/17/2014]
The following words, terms, and phrases, when used in this Part, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
The Township Board of Supervisors.
The act of consuming by fire; to flame, char, scorch, or blaze. As used in this Part, "smoldering" shall have the same meaning as burning, and any smoldering shall be deemed a burning.
An act or series of acts which is formal and prescribed by ritual, protocol or convention.
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.
The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
Waste which is generated from the normal occupancy of a structure occupied solely as a dwelling by two families or less. The term does not include appliances, carpets, demolition waste (insulation, shingles, siding, etc.), furniture, mattresses or box springs, paint, putrescible waste, solvents, tires, or treated wood, and those materials defined under Act 101[1] to be recycled, i.e., clear glass, colored glass, plastics, aluminum, steel, bimetallic cans, high-grade office paper, corrugated paper and newsprint.
A city, incorporated town, township, borough, county, municipal authority, or other public body created under State law having jurisdiction over the disposal of sewage, industrial wastes, or other wastes.
A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
Includes any person who either directly or indirectly orders, causes or ignites open burning upon a premises.
Includes any titleholder, lessee, lessor or occupant of the premises upon which open burning is occurring.
Any individual, public or private corporation for profit or not for profit, association, partnership, firm, trust, estate, department, board, bureau or agency of the Commonwealth or the Federal government, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
An act or series of acts which is intended solely as a means of refreshment or diversion.
Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material.
[Ord. 1-2014, 2/17/2014]
1.
After February 17, 2014, no person may permit the open burning of material with the exception of the following:
A.
A fire set to prevent or abate a fire hazard, when approved by the Department of Environmental Protection's Regional Air Quality Program office, if such approval is required, set by or under the supervision of a public officer.
B.
Any fire set for the purpose of instructing personnel in firefighting, when approved by the Department of Environmental Protection's Regional Air Quality Program office, if such approval is required.
C.
A fire set for the prevention and control of disease or pests, when approved by the Department of Environmental Protection's Regional Air Quality Program office, if such approval is required.
D.
A fire set for the purpose of burning clearing and grubbing waste.
E.
A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
F.
A fire set for the purpose of burning that amount of domestic refuse generated from one dwelling, when the fire is on the premises of a structure occupied solely as a dwelling by two families or less and when the refuse results from the normal occupancy of said structure. Such a fire does not include yard waste.
G.
A fire set solely for cooking food.
H.
A fire set solely for recreational or ceremonial purposes. A recreational or ceremonial fire shall not include yard waste or other material required to be recycled. Such fires include but are not limited to campfires with screens, barbecue pits and barbecue grills.
2.
Any fire permitted above must be attended at all times and completely extinguished by midnight on the same day on which it was originally set.
[Ord. 1-2014, 2/17/2014]
Nothing in § 7-105 shall be considered to authorize or permit the open burning of yard waste, which may not be openly burned. It is unlawful to open-burn yard waste.
[Ord. 1-2014, 2/17/2014]
1.
The Township Supervisors, Zoning Officer, or any other duly authorized agent shall have the power and duty to enforce the provisions of this Part.
2.
The Township may issue such orders as are necessary to aid in the enforcement of the provisions of this Part. These orders shall include, but shall not be limited to: orders requiring persons to cease unlawful open burning which, in the course of its occurrence, is in violation of any provisions of this Part; orders to take corrective action or to abate a public nuisance; orders requiring the testing, sampling, or monitoring of any open burning; or orders requiring production of information. Such an order may be issued if the Township finds that any condition existing in or on the facility or source involved is causing or contributing to open burning or if the Township finds that any person is in violation of any provisions of this Part.
3.
The Township may, in its order, require compliance with such conditions as are necessary to prevent or abate open burning or effect the purposes of this Part.
4.
An order issued under this section shall take effect upon notice, unless the order specifies otherwise. An appeal to the Board of Supervisors of the Township's order shall not act as a supersedeas; provided, however, that, upon application and for cause shown, the Board of Supervisors may issue such a supersedeas under rules established by the Board of Supervisors.
5.
The authority of the Board of Supervisors to issue an order under this section is in addition to any remedy or penalty which may be imposed pursuant to this Part. The failure to comply with any such order is hereby declared to be a public nuisance.
[Ord. 1-2014, 2/17/2014]
1.
Whenever the Zoning Officer finds that open burning is occurring in the Township, other than those exceptions noted in § 7-105 above, the Zoning Officer may order the owner or operator to take corrective action in a manner satisfactory to the Township, or the Zoning Officer may order the owner or operator to allow access to the land by the Zoning Officer or a third party to take such action.
2.
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, the Township may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 7-110 of this Part.
[Ord. 1-2014, 2/17/2014]
Any person who violates any provision of this Part or any order of the Township issued pursuant to this Part commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $2,500 for each separate offense and, in default of the payment of such fine, may be sentenced to imprisonment for 90 days for each separate offense. Employees of the Township authorized to conduct inspections or investigations are hereby declared to be law enforcement officers authorized to issue or file citations for summary violations under this Part, and the Township Solicitor is hereby authorized to prosecute these offenses. For purposes of this section, a summary offense may be prosecuted before any Magisterial District Judge in this Township. There is no accelerated rehabilitative disposition authorized for a summary offense.
[Ord. 1-2014, 2/17/2014]
1.
In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this Part or any order issued pursuant to this Part, the Township may assess a civil penalty for the violation. The penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $10,000 per day for each violation. In determining the amount of the penalty, the Township shall consider the willfulness of the violation; damage to air, soil, water, or other natural resources of the Township or their uses; financial benefit of the person in consequence of the violation; deterrence of future violations; cost to the Township; size of the source or facility; compliance history of the source; severity and duration of the violation; degree of cooperation in resolving the violation; speed with which compliance is ultimately achieved; whether the violation was voluntarily reported; other factors unique to the owners or operators of the source or facility; and other relevant factors.
2.
When the Township proposes to assess a civil penalty, it shall inform the person of the proposed amount of the penalty. The person charged with the penalty shall then have 30 days to pay the proposed penalty in full; or if the person wishes to contest the amount of the penalty or the fact of the violation to the extent not already established, the person shall forward the proposed amount of the penalty to the Board of Supervisors within the thirty-day period for placement in an escrow account with the State Treasurer or any Commonwealth bank or post an appeal bond to the Board of Supervisors within 30 days in the amount of the proposed penalty, provided that such bond is executed by a surety licensed to do business in the Commonwealth and is satisfactory to the Township. If, through administrative or final judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of the penalty shall be reduced, the Board of Supervisors shall, within 30 days, remit the appropriate amount to the person with any interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond at the time of the appeal shall result in a waiver of all legal rights to contest the violation or the amount of the civil penalty unless the appellant alleges financial inability to prepay the penalty or to post the appeal bond. The Board of Supervisors shall conduct a hearing to consider the appellant's alleged inability to pay within 30 days of the date of the appeal. The Board of Supervisors may waive the requirement to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the Board of Supervisors finds that the appellant is financially unable to pay. The Board of Supervisors shall issue an order within 30 days of the date of the hearing to consider the appellant's alleged inability to pay. The amount assessed after administrative hearing or after waiver of administrative hearing shall be payable to the Township and shall be collectible in any manner provided by law for the collection of debts, including the collection of interest on the penalty amount computed in accordance with Section 6621(a)(2) of the Internal Revenue Code of 1996 (Public Law 99-514, 26 U.S.C. § 1 et seq.) from the date of assessment of the penalty. If any person liable to pay any such penalty neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue shall constitute a debt of such person, as may be appropriate, to the Township. The debt shall constitute a lien on all property owned by said person when a notice of lien incorporating a description of the property of the person subject to the action is duly filed with the Prothonotary of the Court of Common Pleas where the property is located. The Prothonotary shall promptly enter upon the civil judgment or order docket, at no cost to the Township, the name and address of the person, as may be appropriate, and the amount of the lien as set forth in the notice of the lien. Upon entry by the Prothonotary, the lien shall attach to the revenues and all real and personal property of the person, whether or not the person is solvent. The notice of lien, filed pursuant to this section, which affects the property of the person shall create a lien with priority over all subsequent claims or liens which are filed against the person, but it shall not affect any valid lien, right, or interest in the property filed in accordance with established procedure prior to the filing of a notice of lien under this section.
[Ord. 1-2014, 2/17/2014]
It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of this Part or to fail to comply with any order or other requirement of the Township; or to cause a public nuisance; or to cause air, soil, or water pollution resulting from an open burning incident; or to hinder, obstruct, prevent, or interfere with the Township or its personnel in their performance of any duty hereunder, including denying the Zoning Officer access to the source or facility; or to violate the provisions of 18 Pa.C.S.A. § 4903 (relating to false swearing) or 18 Pa.C.S.A. § 4904 (relating to unsworn falsification to authorities) in regard to papers required to be submitted under this Part. The owner or operator of an open burning source shall not allow pollution of the air, water, or other natural resources of the Township to result from the source.
[Ord. 1-2014, 2/17/2014]
A violation of this Part or of any order issued by the Township under this Part shall constitute a public nuisance. The Township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Township may recover the expense of abatement following the process for assessment and collection of a civil penalty contained in § 7-110. Whenever the nuisance is maintained or continued contrary to this Part or any order issued pursuant to this Part, the nuisance may be abatable in the manner provided by this Part. Any person who causes the public nuisance shall be liable to the cost of abatement.
[Ord. 1-2014, 2/17/2014]
Ordinance No. 6-2002, Ordinance No. 8-2002 and Ordinance No. 1-2013 previously enacted are hereby repealed. All other ordinances or parts thereof which are in conflict with this Part are hereby repealed.
[Ord. 1-2014, 2/17/2014]
The provisions of this Part are severable, and if any section, clause, sentence, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, clauses, sentences, parts, or provisions of this Part. It is hereby declared to be the intent of the Board of Supervisors that this Part would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part, or provision had not been included herein.
[Ord. 1-2014, 2/17/2014]
This Part shall become effective on the 17th day of February, 2014.
[Ord. 2-2006, 8/7/2006, § 1]
It shall be unlawful for any person, persons, firms or corporations, amusement parks, fair associations or other organizations or groups of individuals to have or to hold public displays of fireworks (as defined at 35 P.S. § 1271, as amended) within the limits of the Township of Jackson unless a permit therefor is first granted by the Board of Supervisors, as hereinafter provided. The Board of Supervisors hereby designates the Zoning Officer and, in his or her absence, the Township Secretary ("Code Enforcement Officer") to administer and enforce the regulations set forth in this Part.
[Ord. 2-2006, 8/7/2006, § 2]
Application for permits shall be made in writing to the Code Enforcement Officer at least 15 days in advance of the date of display, setting forth the proposed location of the display, the character thereof, name and address of the operator, and the name and address of the owner or owners of the grounds on which the display is to be held, with the consent of such owner or owners thereto in writing attached. All applicants who perform displays for profit must also provide proof of their registration with the Office of the Attorney General pursuant to 35 P.S. § 1276.2 and 37 Pa. Code § 711.1 et seq., as amended. All applicants shall pay a nonrefundable application fee of $25. Upon adoption of this Part by the Board of Supervisors, the Code Enforcement Officer shall promulgate application forms appropriate for the effectuation of this Part.
[Ord. 2-2006, 8/7/2006, § 3]
The Code Enforcement Officer shall issue a permit to an applicant where the Code Enforcement Officer has determined that the display will be handled by a competent operator and, in consultation with the appropriate fire chief and after proper inspection, the display will not be hazardous to property or endanger any person or persons. All permits so granted shall be conditioned upon the permittee indemnifying and holding the Township harmless for any damages resulting from the use of fireworks, including, but not limited to, costs and attorney's fees.
[Ord. 2-2006, 8/7/2006, § 4]
If and after such permit shall have been granted, possession, sales, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
[Ord. 2-2006, 8/7/2006, § 5]
The Board of Supervisors of the Township of Jackson shall require a bond deemed adequate by it given by the permittee or licensee in a sum not less than $500 conditioned for the payment of all damage caused to any person or persons and to any property by reason of the licensed display and arising from any acts of the licensee, his or its agents, employees or subcontractors, which bond shall be filed with the Township Secretary before any permit for a supervised public display of fireworks is delivered.
[Ord. 2-2006, 8/7/2006, § 6]
If by reason of unfavorable weather the display for which a permit has been granted does not take place at the time so authorized, the person to whom such permit was issued may, within 24 hours, apply to the Code Enforcement Officer, setting forth under oath the fact that such display was not made, giving the reason therefor, and requesting a continuance of such permit for a day designated therein, not later than one week after the day fixed originally in said permit. Upon receiving such application for a continuance, the Code Enforcement Officer, if he or she believes the facts stated therein are true, shall extend the provisions of said permit to the day fixed in said application, not later than one week after the original day designated in the permit, and such extension of time shall be granted without the payment of any additional fee and without requiring any bond other than the one given for the original permit, the provisions of which shall extend to and cover all damages which may be caused by reason of the said display taking place at such extended date in the same manner and to the same extent as if such display had taken place at the date originally fixed in the permit.
[Ord. 2-2006, 8/7/2006, § 7]
The Board of Supervisors deems this Part to be related to regulating property maintenance, health, fire, and public safety, and as such any violation of this Part constitutes a summary offense subjecting the violator to fine and imprisonment to the extent allowed by law for the punishment of a summary offense. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this Part that is found to have been violated. Enforcement of this Part shall be by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney. Moreover, this Part may be enforced by the Township through an action in equity brought in the Court of Common Pleas of Lebanon County.