[Ord. 2003-5, 7/3/2003, § 1]
This Part shall be known and may be cited as the "Hopewell Township
Burning Control Ordinance."
[Ord. 2003-5, 7/3/2003, § 2]
The following words and terms shall have the meanings set out
herein:
CONTAINED FIRE
Any outdoor fire contained in an incinerator, fireplace,
brazier, pit, fire ring or other similar contained or enclosed structure.
COOKING FIRE
Any fire for the purpose of cooking and contained in an outdoor
barbecue, gas or other type of cooking grill which is freestanding
and self-contained.
ENFORCEMENT OFFICER
The Township Codes Enforcement Officer or such other persons
designated from time to time by the Board of Supervisors, including
the provider of police services for the Township, any of whom are
authorized to enforce this Part and are designated as the Enforcement
Officer for this chapter.
FIRE
Any fire set or maintained outside a building.
GRUBBING WASTE
Tree parts, tree limbs, weeds, grass and other organic material.
INCINERATOR
Equipment having a combustion chamber which is enclosed on
at least three sides and constructed of noncombustible material such
as heavy-gauge steel, stone or firebrick, and shall include, but not
be limited to burn barrels. The top of the incinerator and any exhaust
area shall be equipped with a spark arrester having openings of not
more than one inch square or, alternatively, screening sufficient
to retard and reduce the escape of sparks.
PERSON
Any individual, partnership, organization, association, agency,
firm, estate or corporation and any other legal or commercial entity.
RESPONSIBLE ADULT
Any individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
TOWNSHIP-DESIGNATED FIRE COMPANY
The Eureka Volunteer Fire Company, or its successor, or any
other fire company authorized or designated by the Township's Board
of Supervisors, to fight fires within the Township.
[Ord. 2003-5, 7/3/2003, § 3]
1. The following are prohibited:
A. Burning of construction debris, plastics, by-products of manufacturing
and processing operations, tires, waste from commercial operations
and any other substances which are likely to emit noxious odors or
dense smoke is strictly prohibited.
B. No fire shall be allowed to burn unattended without a responsible
adult being present at all times and without readily available fire
extinguishing apparatus or equipment.
C. No fire shall be allowed to burn within 50 feet of any building,
property line, or street right-of-way line, except that cooking fires
as defined herein may be less than 50 feet from a building, provided
that reasonable safeguards are maintained.
D. No person shall set, start, feed, permit to burn or maintain any
fire upon any of the 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.
E. Any fires restricted by §
7-202 or
7-203 of Part
2, which Part shall be construed as consistent, and not in conflict, with this Part. Whenever a burning ban pursuant to Part
2 is placed into effect, the terms of that Part, or any ban on burning pursuant to that Part, including penalties for such burning, shall supersede the burning authorizations of this Part for the duration of such burning ban; provided, however, that, unless specifically prohibited, no burning ban imposed under Part
2 shall prohibit cooking fires, as defined in §
7-202 of this Part.
F. Notwithstanding the provisions of §
7-204, it shall be a violation of this Part for any person to allow any fire to burn under adverse weather conditions or unsupervised, or otherwise in an unsafe manner.
G. No person shall set or maintain any uncontained fire between sunset
and sunrise.
H. Contained fires shall not be permitted to burn or smolder between
the hours of midnight and 6:00 a.m.
I. Notwithstanding any of the provisions of §
7-204 of this Part, no fire of any kind shall be permitted which results in smoke, fire, ash, cinders or partly burned materials being carried onto or deposited on adjoining properties or at buildings on adjoining properties.
[Ord. 2003-5, 7/3/2003, § 4]
1. The following are permitted:
A. Cooking, recreation or ceremonial fires, so long as they are contained
fires as defined herein.
B. Uncontained fires for the purposes of burning leaves and grubbing
waste, subject to all other terms of this Part.
C. Fires shall be used only to burn readily combustible material.
D. Uncontained fires for agricultural and horticultural purposes, subject
to all other terms of this Part.
E. Fires set for the purpose of providing firefighting training by Township-designated
firefighting organizations.
F. Fires set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection or its designee,
and tended and controlled by authorized personnel.
G. Any fire set for the purpose of burning domestic refuse, when the
fire is on the property of any structure occupied solely as a dwelling
by two families or fewer, and when such refuse results from the normal
occupancy of said structure; provided, however, that the fire shall
be enclosed in an incinerator as defined in this Part, and shall burn
only readily combustible material.
H. In the event it is necessary or desirable to have an uncontained
fire of a size and/or at times other than permitted under this Part,
such as a large uncontained recreational fire such as a bonfire, or
to burn agricultural debris or waste, special permission shall be
obtained in advance from the Chief of the Township-designated fire
company or his designee.
[Ord. 2003-5, 7/3/2003, § 5]
1. Any fire set in violation of this Part may be extinguished by the Township-designated fire company, either at the request of the Fire Chief of such company, or the Township's Enforcement Officer, as defined in §
7-102. The Township Board of Supervisors expressly authorizes the Fire Chief and the Township's Enforcement Officer to make such decisions, and authorizes the extinguishment of fires on the basis of that authority.
2. In the event that any fire company is required to respond to a fire
which violates the provisions of this Part, a service fee which reflects
the reasonable costs incurred in fighting the fire may be levied by
the responding fire company against any and all violators. Such fee
is expressly authorized by this Part.
[Ord. 2003-5, 7/3/2003, § 6; as amended by Ord.
2016-1, 1/4/2016]
1. Any person, firm or corporation who, upon the issuance of a summary
citation or the commencement of a summary proceeding by the Township's
Enforcement Officer, shall violate any provision of this Part, 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 more than $1,000 plus costs and reasonable attorney
fees incurred by the Township in the enforcement proceeding 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.
2. No penalty contained herein shall prevent the Township from enforcing
this Part by equitable, injunctive or other legal remedies.
3. Neither Hopewell Township nor its agents, officials and representatives,
including the Township-designated fire company, shall be under any
circumstances liable or responsible for damages caused to any person
or property by reason of the provisions of this Part or by reason
of the conduct of any burning activity in compliance with the terms
and provisions of this Part, or as a result of extinguishing or fighting
any fire, whether such fire was started in violation of, or in compliance
with, this Part. The person responsible for any such fire shall bear
sole liability for any damages caused as a result thereof.