[Ord. 1986-7, 9/9/1986, § 1]
This Part shall be known and may be cited as the "Manchester
Township Open Burning and Air Pollution Control Ordinance of 1986."
[Ord. 1986-7, 9/9/1986, § 2; as amended by Ord.
2002-01, 1/7/2002]
The Board of Supervisors of Manchester Township has determined
that air pollution from an open fire is detrimental to the health,
comfort, living conditions, welfare and safety of the residents of
Manchester Township and it is hereby declared to be the policy of
Manchester Township to safeguard the welfare of its residents by regulating
emissions causing such air pollution in conjunction with the standards
and regulations of the Pennsylvania Department of Environmental Protection
and any other regulatory agencies.
[Ord. 1986-7, 9/9/1986, § 3; as amended by Ord.
2002-01, 1/7/2002]
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:
BOARD
The Board of Supervisors of Manchester Township.
DOMESTIC REFUSE
Garbage, rubbish or other waste generated by normal occupancy
of a dwelling unit for residential purposes.
FARM
Those uses of the land that are primarily agrarian in nature
and restricted exclusively to agriculture.
OPEN BURNING
Any fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
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, political
subdivisions, municipality, district, authority or any other legal
entity whatsoever which is recognized by law as the subject of rights
and duties.
[Ord. 1986-7, 9/9/1986, § 4; as amended by Ord.
2001-08, 9/11/2001, § 1; and by Ord. 2002-01, 1/7/2002]
1. No person shall cause, suffer or permit the open burning of any material
within Manchester Township, except where the open burning operations
result from:
A. Any fire
set with permission from the Pennsylvania Department of Environmental
Protection.
B. Any fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation, subject to the permit requirements of §
7-105 of this Part.
C. Any fire set for the purpose of burning domestic refuse, when the fire is on the premises of any structure occupied solely as a dwelling by two families or less located on a lot of two acres or larger if such refuse results from the normal occupancy of said structure, subject to permit requirements of §
7-105 of this Part.
D. Any fire set solely for recreational or ceremonial purposes.
E. Any fire set solely for cooking food.
[Ord. 1986-7, 9/9/1986, § 5]
A burn permit shall be required for all fires set under §§
7-104, Subsection
1B and
C, of this Part. The applicant shall apply at the Manchester Township office for a burn permit application. Upon receipt of said application and payment of the fee established in §
7-107 of this Part, the applicant shall take the application to the enforcement agent designated in §
7-109 of this Part for approval or disapproval. In the event that the application is disapproved, the applicant shall return the form upon which the disapproval has been designated and shall be entitled to a refund of the fee.
[Ord. 1986-7, 9/9/1986, § 6; as amended by Ord.
2004-07, 8/10/2004]
1. All burning for which a permit is required by §
7-105 of this Part shall be subject to the following regulations:
A. No approved
fire shall be set within 75 feet from any structure.
B. An approved fire shall burn only between sunrise and sunset.
C. No approved fire shall be allowed to burn unless an adult person
is present to regulate and control the burning during the time the
fire is in existence.
D. No approved fire shall be left unattended at any time.
E. The person attending an approved fire shall be reasonably equipped
with such tools as may be necessary to permit said attendant to control
the fire.
F. No permittee shall ignite such materials as tires, roofing materials,
wet garbage or other substances which are likely to emit noxious odors
or dense smoke or to ignite any other materials that are likely to
be detrimental to the air quality of Manchester Township.
G. No permittee shall ignite or burn any material that is subject to the recycling requirements contained in Chapter
20, Part
2, of the Code of Ordinances of Manchester Township.
[Ord. 1986-7, 9/9/1986, § 7; as amended by Ord.
2002-01, 1/7/2002]
The fee for a burn permit for fires permitted by §§
7-104, Subsection
1B and
C, of this Part shall be in an amount as established, from time to time, by resolution of the Board of Supervisors.
[Ord. 1986-7, 9/9/1986, § 8; as amended by Ord.
1997-2, 3/11/1997, § 2; and by Ord. 2002-01, 1/7/2002]
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 $1,000 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.
[Ord. 1986-7, 9/9/1986, § 10]
The Fire Chief of Manchester Township is hereby designated as the official enforcement agent to act on behalf of the Board of Supervisors of Manchester Township in enforcing the provisions of this Part. In the event that the Fire Chief is absent or otherwise unavailable to perform these duties, the Assistant Fire Chief of Manchester Township shall be the enforcement agent of the Board of Supervisors of Manchester Township during such absence or unavailability. This Part shall also be enforced, except for the permit approval required by §
7-105, by the Northern York County Regional Police.