[HISTORY: Adopted by the Board of Supervisors of Carroll
Township 4-14-2014 by Ord. No.
2014-230. Amendments noted where applicable.]
This chapter shall be known as the "Carroll Township Burning
Ordinance."
For the purposes of this chapter, the following terms shall
be defined as set forth below:
Bushes, shrubs, thickets, tree trimmings, hedge clippings
and small trees.
Any outdoor fire contained in an incinerator, fireplace,
brazier, pit, fire ring or other similar contained or enclosed structure.
Any natural person, partnership, firm, association or corporation.
Any outdoor fire not included in the definition of a "contained
fire."
A.Â
Open burning prohibited. It shall be unlawful for any person to burn,
ignite, maintain or permit to burn any material, including the following,
without complying with this chapter:
(1)Â
Household trash, books magazines, newspapers, cardboard and/or any
items that are required to be recycled in Carroll Township under the
Pennsylvania Act 101,[1] including brush and scrap lumber or any vegetation, plywood,
drywall plastic products, insulation material, upholstered furniture,
garbage, dead animals, human and animal excrement, human and animal
hair, rubber products including tires, hydrocarbon products or flammable
liquids, asphalt or tar shingles or roofing materials, bedding, foam
rubber, nylon, rayon, cotton, wool, polyester or other synthetic material,
insulation from copper or other wiring, solid waste and/or construction
waste as defined by the Pennsylvania Solid Waste Management Act[2] and 25 Pa. Code § 271.1.
B.Â
Exceptions:
(1)Â
Any fire set for the purpose of training and instructing authorized
personnel in firefighting. (DEP air quality needs to be notified.)
(2)Â
Any fireplace, wood burning, coal stove or solid-fuel heaters within
the confines of a permanent structure intended for human inhabitation
solely for the purpose of heating the dwelling unit.
(3)Â
Any campfire or bonfire solely for organized recreational or ceremonial
purposes.
(4)Â
Any fire for the sole purpose of cooking and preparing food.
(5)Â
Any fire set to keep persons warm at a private gathering when it
does not create a fire hazard. Fire must be containerized and only
untreated wood may be burned.
(6)Â
Any fire set to keep persons warm at a building construction site,
public gathering or other outdoor function when it does not create
a fire hazard. Fire must be containerized and only untreated wood
may be burned.
(7)Â
Any fire set for the prevention and/or control of disease or pests,
rats, snakes, bees, etc.
(8)Â
Any fire for the burning of brush, exclusively for agricultural management
and conservation practices and protection, and provided burning is
located 75 feet or more from any building or structure. Brush must
originate from the same property.
C.Â
No person shall conduct a fire on any streets, sidewalks, alleys
or public grounds of the Township, except where a designated area
has been set aside or reserved for this purpose and an appropriate
container has been provided to contain such fire.
D.Â
The Code Enforcement Officer may suspend outdoor burning at any time
when the following conditions exist:
A.Â
All fires shall be kept under continuous responsible adult supervision.
B.Â
Proper notification shall be made to the York County Emergency Center
(911) of the time, place and period of an uncontained fire.
C.Â
All fires, ashes and coals shall be thoroughly extinguished after
the use thereof has been completed so as to no longer be found to
radiate heat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.