This chapter shall be known and may be cited as the "Pocono
Township Burning Ordinance."
The purpose of this chapter is to protect and promote the health,
safety and general welfare of the citizens of Pocono Township and
the public at large by regulating open burning to minimize its public
health effect and environmental impacts, and to abate public nuisances
associated with open burning.
This chapter is ordained and enacted under the authority granted
by the First Class Township Code in 53 P.S. § 56566.
As used in this chapter, the following terms shall have the
meanings indicated:
BONFIRE
A large outdoor fire of a size larger than necessary for
cooking and which is conducted for a special event or celebration
by a government, school district, community-based organization or
other person.
FIRE
The phenomenon of rapid self-sustaining chemical reaction
(oxidation) usually accompanied by the evolution of light and heat.
FIRE COMPANY
The Pocono Township Volunteer Fire Company or any fire company
that has a mutual aid agreement with the Pocono Township Volunteer
Fire Company.
LEAF WASTE
Leaves, garden residue, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
[Added 9-30-2014 by Ord.
No. 2014-12]
NATURAL WOOD
Wood, which has not been painted, varnished or coated with
a similar material, has not been pressure-treated with preservatives
and does not contain resins or glues as in plywood or other composite
wood products.
OPEN BURNING
Any outdoor fire wherein the products of combustion are emitted to the open air which is not exempted by §
129-6B(1) or permitted by §
129-6B(2) of this chapter.
OWNER
The person who, alone or jointly or severally with others,
is the owner of record of the premises as filed with the Monroe County
Recorder of Deeds. In the case where an owner is represented by an
agent, including but not limited to a manager, executor, executrix,
administrator, administratrix, or guardian of the estate of the owner,
such person thus representing the actual owner shall be bound to comply
with the provisions of this chapter and with rules and regulations
adopted pursuant thereto, to the same extent as if he were the owner.
PERSON
An individual, trustee, executor, other fiduciary, corporation,
firm, partnership, association, organization or other legal entity.
POLICE OFFICER
A duly appointed police officer of the Pocono Township Police
Department, any police department that has a mutual aid agreement
with the Pocono Township Police Department, or the Pennsylvania State
Police.
PROPERTY
A piece, parcel, lot or tract of land.
RECYCLING MATERIALS
Materials generated by a person or entity which can be separated
from other municipal waste and returned to commerce to be reused as
a resource in the development of useful products. Materials which
may be recycled include, but are not limited to, glass (clear, brown
or green), aluminum, steel and bimetal cans, high-grade office paper,
mixed paper, newspaper (including newspaper inserts), telephone books,
corrugated paper, magazines and other periodicals, plastic containers
and other materials as may be designated by the Township from time
to time as recyclable materials.
[Added 9-30-2014 by Ord.
No. 2014-12]
TOWNSHIP
The Township of Pocono, Monroe County, Pennsylvania.
ZONING OFFICER
The individual(s), agency or firm appointed by the Pocono
Township Board of Commissioners to enforce the provisions of this
chapter.
A permit issued by the Township shall be required for the all open burning allowed by this chapter, except that a permit shall not be required for the burning of leaves. Nevertheless, the burning of leaves shall comply with the hours for open burning in §
129-6A(2) and all other requirements of this chapter. Any person proposing to set an open fire which requires a permit shall obtain the permit prior to setting the fire. The permit fee, if any, shall be set by resolution of the Board of Commissioners.
Pocono Township, and its agents, officials and representatives
shall not under any circumstances be liable or legally responsible
for activities or conditions which constitute a nuisance under the
terms of this chapter. Any liability or damages resulting from activities
or conditions constituting a nuisance are the sole responsibility
of the owner of the property, and/or the person or persons responsible
for said activity or condition. The failure to enforce the terms of
this chapter shall not constitute a cause of action against Pocono
Township or its agents, officials or representatives.