This chapter shall be known as the "Manor Township Burning Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
HAZARDOUS WASTE
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant, or air
pollution control facility, and other discarded material including
solid, liquid, semisolid, or contained gaseous material resulting
from municipal, commercial, industrial, institutional, mining, or
agricultural operations and from community activities, or any combination
from the above which because of its quantity, concentration, or physical,
chemical or infectious characteristics may:
A.
Cause or significantly contribute to an increase in mortality
or in an increase in morbidity in either an individual or the total
population; or
B.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed as defined by § 103 of the Solid
Waste Management Act, 35 P.S. § 6018.101 et seq.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste,
and other material including solid, liquid, semisolid, or contained
gaseous material resulting from operation of residential, municipal,
commercial, or industrial establishments and from community activities,
and any sludge not meeting the definition of residual or hazardous
waste from a municipal, commercial, or institutional water supply,
treatment plant, wastewater treatment plant, or air pollution control
facility as set forth in § 103 of the Solid Waste Management
Act, 35 P.S. § 6018.101 et seq.
OPEN FIRE
A fire outside of any building in which any material is burned
in the open or in a receptacle other than a furnace or incinerator.
PERSON
Any individual, partnership, association, cooperation, department,
bureau, agency, or other legal entity.
TOWNSHIP
The Township of Manor, County of Lancaster, and Commonwealth
of Pennsylvania.
No person shall ignite, feed, cause, allow, permit, or maintain
on any property any open fire outside of any building for any purpose
other than that specifically allowed herein.
The activities prohibited in this chapter are subject to the
following exceptions:
A. Open fires may be set in the performance of any official duty of
any public officer if the fire is necessary for:
(1) The prevention of a fire hazard which cannot be abated by other means.
(2) The protection of public health.
B. Open fires shall be permitted for firefighting training by volunteer
fire companies.
C. Open fires do not include outside barbecues or any fire maintained
in a commercially constructed grill or masonry constructed grill for
the purposes of cooking and preparing food.
D. Open fires shall be permitted on private property in the (A) Agricultural
Zone; (R) Rural Zone; (C) Conservation Zone; and (E) Excavation Zone
of Manor Township Zoning Ordinance between official sunrise and sunset as determined by the
U.S. Naval Observatory on each day of the week, with the exception
of Sunday, subject to the following restrictions:
(1) In those areas where land is zoned A, R, C, and E, no person or persons,
either directly or indirectly, shall kindle or maintain a fire with
the exception of the type of fire as hereinafter provided, except
in an appropriate receptacle or incinerator at least 15 feet from
any building. In those instances where it is impractical or impossible
to confine a fire to a receptacle or incinerator in an A, R, C, and
E District, a fire may be kindled or maintained only if such a fire
is kindled or maintained at a distance of 250 feet from any building
and 35 feet from any public right-of-way. All fires whether maintained
in a receptacle or incinerator or in the open shall be kept under
constant supervision during incineration, and at the end of said period,
shall be completely extinguished.
(2) Campfires. Campfires shall be allowed in all districts, at any time,
subject to the following regulations:
(a)
Campfire should be no greater than three feet across and no
closer than 25 feet to any building.
(b)
Campfire should be enclosed with stones or bricks or some other
method to ensure the fire will not spread.
(c)
Campfire must burn only dry firewood. No other materials are
permitted.
(d)
Campfire's purpose is comradeship.
(e)
At least one adult must be present at fire at all times.
(f)
Campfire must be fully extinguished at end of period.
E. Burning of municipal waste, hazardous waste or designated recyclable
materials. It shall be unlawful for any person or persons to burn
municipal waste, hazardous materials, or designated recyclable materials
in any fire.
The Zoning Officer shall have the power to enforce the provisions
of this chapter.
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.
This chapter shall become effective September 30, 2005.