[Ord. No. 128, 6/16/2015]
This Part shall be known as the "West Cocalico Township Open
Fire and Burning Ordinance."
[Ord. No. 128, 6/16/2015]
As used in this Part, the following terms shall have the meanings
indicated:
Any man-made structure intended for the enclosure of personal
property, animals, or for occupation by any person.
The combustion of fuel or material outside of a building
in a commercially constructed incinerator or metal container designed
to contain fire or incineration and approved by a nationally recognized
agency or code.
The combustion or ignition of any material, waste, wood,
scrap, plant or structure outside of, or without containment in, an
incinerator or metal container designed to contain fire or incineration
and approved by a nationally recognized agency or code.
A form prepared by West Cocalico Township, which form may
be changed from time to time by a resolution of the Board of Supervisors.
A permit may be issued for one open fire or burning, a day or days,
or for an indefinite period of time, at the discretion of the official
issuing same, taking into consideration all of the applicable circumstances.
Any individual, landlord, tenant, partnership, association,
corporation, limited-liability company or other legal entity.
Either the Reinholds Volunteer Fire Department or the Shoeneck
Volunteer Fire Department.
[Ord. No. 128, 6/16/2015]
1.
It shall constitute a violation of this Part for any person to cause
or permit on any lot, parcel, land or property an open fire or burning
under the following circumstances, unless specifically allowed by
permit:
A.
During any period of time when an outdoor fire hazard emergency has
been declared by any legally constituted authority; or
B.
Without an open fire or burning permit issued by either the Manager
of West Cocalico Township, a Township employee or agent assigned by
the Manager to issue such permits, or the Fire Chief of any Township
Fire Department; or
C.
When said open fire or burning is between the time of sunset and
sunrise; or
D.
If such open fire or burning is within 100 feet of any building of
any kind or character whatsoever, regardless of whether or not the
fire is in its original location or has spread to a point within 100
feet of any building, unless it is burning as defined herein and expressly
allowed by permit; or
E.
Burning in other than a commercially constructed incinerator or one
that has been approved by either a nationally recognized agency or
code, except burning in an intact steel or galvanized drum or barrel
covered with a metal lid with holes no larger than 1/2 inch or by
one-half-inch metal mesh; or
F.
Without constant supervision by a person 16 years of age or older;
or
G.
When, despite compliance with the foregoing, the open fire or burning
might, in the opinion of a reasonably prudent adult, considering such
conditions as the type and quantity of material being burned, wind
velocity or direction, drought or dry weather conditions, the proximity
to highly flammable materials or plants such as evergreens, dry pasture,
grass, or dry crops, and/or the type of material from which any structure
in proximity to the fire has been constructed, creates a reasonable
possibility of the uncontrollable spreading of an open fire or ignition
of trees, crops, plants or structure, unless specifically preapproved
by the Fire Chief or his designee of any Township Fire Department.
[Ord. No. 128, 6/16/2015]
1.
Open fires may be ignited without a permit in the performance of
any official duty of any public office if such open fire is necessary
for:
2.
Open fires or burning shall be permitted for firefighting training
by Township Fire Departments.
3.
Burning conducted in a commercially constructed or masonry-constructed
grill or barbecue pit, if for the purpose of cooking or preparing
food.
4.
Bonfires and recreational fires, provided that such open fires or
burning is conducted by a recognized group or organization in the
Township; constantly supervised; and properly and extinguished at
the completion of its use. A permit for limited or unlimited periods
of time rather than on a per-fire basis shall be required for bonfires
and recreational fires.
5.
Burning of rubbish or household waste, provided the burning is constantly
supervised; is only conducted between the hours of sunrise and sunset;
is conducted more than 100 feet from any dwelling other than that
of the person doing the burning; unusual conditions do not render
such burning specially hazardous; and the rubbish or household waste
does not contain any hazardous materials, carcasses, tires, or explosive
materials.
[Ord. No. 128, 6/16/2015]
It shall constitute a violation of this Part for any person
to deposit hot ashes, smoldering coals, embers, explosives, or any
materials liable to spontaneously combust or explode on any property
which such person does not own or lawfully occupy. Further, any hot
ashes, smoldering coals, or embers shall be considered an "open fire"
and therefore subject to the prohibited acts listed above.
[Ord. No. 128, 6/16/2015]
It shall constitute a violation of this Part for any person
to ignite or maintain any bonfire or recreational open fire on any
property not owned by such person without the written consent of the
owner of the property. No permit shall be issued without written proof
of permission.
[Ord. No. 128, 6/16/2015]
This Part may be enforced by any duly appointed person, agency
or entity, including, but not limited to, the Police Department having
been duly chosen by the Board of Supervisors to provide police protection
within West Cocalico Township and any Township Fire Chief. Any person
who shall be ordered to extinguish any open fire or burning by any
police officer, Township Fire Chief, Township fire police officer,
Township Supervisor or Township Manager as a result of such person
conducting or maintaining an open fire or burning in violation of
this Part shall immediately take such actions as are necessary, or
ordered by an official named above, to extinguish same.
[Ord. No. 128, 6/16/2015]
1.
Any person who violates any provision of this Part commits a summary
offense and shall, upon a conviction resulting from such violation,
be sentenced to pay a fine of not less than $100 and not more than
$1,000, plus costs and restitution. Each day of violation shall constitute
a separate offense. Conviction of a second violation shall result
in a fine of not less than $500 and not more than $1,000. Conviction
for a third or subsequent violation thereof shall result in a fine
of $1,000 for each day of such violation, plus costs and restitution.
2.
In addition to the foregoing penalties, in the event either the Schoeneck,
Reinholds, Stevens, or Denver Volunteer Fire Companies are called
to the scene of an intentionally ignited fire, regardless of whether
or not a violation of this Part has occurred or whether or not the
fire escaped containment, West Cocalico Township shall impose an assessment
for restitution, in addition to any other fines or penalties, against
the responsible party, parties, and/or property owner(s) (if the burn
occurred with owner consent or suffrage) in the amount of $50 as an
administrative fee plus an amount of restitution for the responding
fire company(ies) for the costs incurred by such fire company's(ies')
response to the fire, together with Township expenses and solicitor's
fees. The assessment to compensate the responding fire company(ies)
shall be calculated based upon the standardized Pennsylvania Department
of Conservation and Natural Resources fee schedule in effect at the
time of the burn. The responding fire company(ies) shall have 30 days
in which to present the Township with its calculation, but failing
same, its claim shall be deemed waived. From the funds recovered,
the Township shall receive its expended costs and solicitor's
fees, then its administrative fee and then any remaining funds shall
be promptly remitted to the responding fire company or, if more than
one, to the first responder who may distribute the collected funds
as deemed appropriate.
[Added by Ord. No. 133, 9/20/2016]
3.
The Township shall send a notice of assessment to the responsible
party as referenced above within 30 days of receipt of the calculation
from the responding fire company(ies), by certified mail, return receipt
requested, and by first-class mail (if the certified letter is unclaimed
or returned but the first-class letter is not, then delivery to the
addressee shall be conclusively presumed to have occurred five days
after posting). The responsible party(ies) as aforesaid shall have
15 days after receipt of such assessment to make payment to the Township.
Failure to make payment within the stated time shall constitute a
violation of this Part subject to the enforcement provisions above.
The total amount of the assessment as aforesaid shall, upon conviction,
be included as restitution along with any fines and costs imposed.
[Added by Ord. No. 133, 9/20/2016]
[Ord. No. 128, 6/16/2015]
Upon taking effect, this Part shall repeal any prior open fire
or burning ordinance of West Cocalico Township, specifically including
Ordinance Nos. 25 and 28 or any portion of any ordinance inconsistent
with this Part, except where a prosecution of a violation of a prior
ordinance shall be in progress.
[Ord. No. 128, 6/16/2015]
This Part shall take effect five days after enactment.
