Township of Carroll, PA Chapter 157 Burning, Open

[HISTORY: Adopted by the Board of Supervisors of Carroll Township 4-14-2014 by Ord. No. 2014-230. Amendments noted where applicable.]

§ 157-1 Short title.

This chapter shall be known as the "Carroll Township Burning Ordinance."

§ 157-2 Definitions.

For the purposes of this chapter, the following terms shall be defined as set forth below:

BRUSH

Bushes, shrubs, thickets, tree trimmings, hedge clippings and small trees.

CONTAINED FIRE

Any outdoor fire contained in an incinerator, fireplace, brazier, pit, fire ring or other similar contained or enclosed structure.

PERSON

Any natural person, partnership, firm, association or corporation.

UNCONTAINED FIRE

Any outdoor fire not included in the definition of a "contained fire."

§ 157-3 Prohibited acts; exceptions.

A. 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) 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.

[1] Editor's Note: See 53 P.S. § 4000.101 et seq.

[2] Editor's Note: See 35 P.S. § 6018.101 et seq.

B. Exceptions:

(1) Any fire set for the purpose of training and instructing authorized personnel in firefighting. (DEP air quality needs to be notified.)

(2) 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) Any campfire or bonfire solely for organized recreational or ceremonial purposes.

(4) Any fire for the sole purpose of cooking and preparing food.

(5) 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) 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) Any fire set for the prevention and/or control of disease or pests, rats, snakes, bees, etc.

(8) 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. 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. The Code Enforcement Officer may suspend outdoor burning at any time when the following conditions exist:

(1) When smoke and/or ash emission are or may be objectionable, offensive or deleterious to human or animal health or permeate or crosses neighboring properties, and/or falls on buildings, vehicles or vegetation.

(2) When extreme dry conditions or drought warrant a ban on all burning.

§ 157-4 Control and extinguishment.

A. All fires shall be kept under continuous responsible adult supervision.

B. Proper notification shall be made to the York County Emergency Center (911) of the time, place and period of an uncontained fire.

C. 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.

§ 157-5 Violations and penalties.

[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.