This chapter shall be known and may be cited as the "East Hempfield
Township Open Burning Ordinance."
The following words, terms, and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
AGRICULTURAL
The tilling of the soil, the raising of crops, forestry,
horticulture and commercial gardening, including the keeping or raising
of livestock and poultry, and including sale of crops and agricultural,
dairy and horticultural farm products incidental to the operation
of a farm. A residential garden shall not be considered under this
definition for purposes of this chapter.
BONFIRE
A fire, more than four feet in diameter and/or more than
two feet in height, built in the open air, for warmth, entertainment,
or celebration.
BURNING
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this chapter, "smoldering" shall have the same meaning
as "burning," and any smoldering shall be deemed a burning.
CAMPFIRE
A fire, less than four feet in diameter and less than two
feet in height, built in the open air, for warmth, entertainment,
or celebration.
COMPOSTING
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
COOKING FOOD
To prepare food by the use of heat and/or flame.
OPEN BURNING
An outdoor fire, the air contaminants from which are emitted
directly into the outdoor atmosphere.
PERSON
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.
STRUCTURE
A.
FABRICATEDA gas grill (propane or natural gas), charcoal grill, chiminea, and/or fire pit commonly available at retail stores, when used in accordance with the manufacturer's instructions.
B.
HOMEMADEA fire ring, fire pit, fireplace, or other similar structure custom made with noncombustible materials such as rocks, stones, blocks, cement, or brick.
TOWNSHIP
The Township of East Hempfield, Lancaster County, Pennsylvania.
YARD WASTE
As defined in §
210-14 of the Codified Ordinances of East Hempfield Township. For purposes of this open burning ordinance.
The Township shall, by resolution, set fees for required open
burning permits.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge 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 less than $25 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days.