[Ord. 10.3.2006, 10/3/2006, § 1]
The Board of Supervisors of Hepburn Township, having concerns
about the safety, health and welfare issues as a result of open fires
within the Township had determined that regulations concerning open
burning are in the best interests of the residents of the Township
within the limits provided by the authority granted to the Board of
Supervisors by the Second Class Township Code, 53 P.S. § 65101
et seq., and other jurisdictional authority.
[Ord. 10.3.2006, 10/3/2006, § 2]
For the purpose of this Part, the following words and terms
shall have the meanings ascribed to them herein:
Any fire contained in an incinerator, fireplace or other
contained enclosure designed for outdoor cooking, or a fireproof container.
Waste which is generated from the normal occupancy of a structure
occupied solely as a dwelling. The term does not include appliances,
carpets, demolition waste (insulation, plaster, shingles, siding,
etc.), furniture, mattresses or box springs, paint, putrescible waste,
solvents, tires, or treated wood.
Any fully enclosed device specifically designed for burning
any material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any fully enclosed device specifically designed for the disposal
of contents through fully enclosed burning.
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, corporation, department,
bureau, agency, or legal entity.
Garbage, rubbish, and trade waste.
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any disability which would impair
his or her ability to properly supervise a fire.
Solids not considered to be highly flammable or explosive
including but not limited to, rags, old clothes, leather, rubber,
carpets, excelsior, ashes, furniture, tin cans, glass, crockery, masonry,
plastics, recyclable items, and other similar items.
All solid or liquid material or rubbish resulting from construction,
building operations, or the prosecution of any business, trade or
industry including, but not limited to, plastic products, cartons,
paint, grease, oil and other petroleum products, chemicals, cinders
and other forms of solid or liquid waste materials.
Leaves, garden residue, tree trimmings, chipped shrubbery,
and other vegetative material which are in a dry condition.
[Ord. 10.3.2006, 10/3/2006, § 3]
1.
Compliance with Chapter.
A.
It shall be unlawful to burn, ignite, incinerate, maintain or permit
to burn any materials whatsoever, or whatever nature, without complying
with this Part.
B.
Nothing herein shall be construed to prevent the Pennsylvania Department
of Environmental Protection approved firefighting training by Township-designated
firefighting organizations.
2.
Public Roads and Public Properties. No person shall set, start, feed
to burn or maintain any fire upon any of the streets, sidewalks, alleys
or grounds in Hepburn 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 a fire.
3.
Safe Distances. Out-of-door fires shall take place at least 20 feet
from any building, property line, right-of-way, or road line.
4.
Control of Burning and Unattended Fires.
A.
No fire shall be allowed to burn unattended without a responsible
adult (18 years of age or older) being present at all times and without
readily available fire-extinguishing apparatus.
B.
No fire shall be permitted to burn whenever drought or extreme weather
conditions exist or when a ban on burning has been placed in effect
by the Commonwealth of Pennsylvania or other governmental body. The
Board of Supervisors may prohibit any and all outdoor fires when atmospheric
conditions or local circumstances make such fire in their opinion
especially hazardous.
C.
No fire shall be set that results in uncontrolled burning of vegetation
(field fires).
5.
Hours.
A.
No person shall burn, smolder, or cause to be burned any domestic
waste (paper, boxes), or yard waste (leaves), or any other kind of
substance, nor shall any person or persons maintain any uncontained
fire, or burn or cause to be burned an uncontained fire of any substance
or material of any kind, out-of-doors, anywhere in the Township of
Hepburn between the sunset and sunrise.
B.
Recreational or ceremonial fires using natural, untreated wood are
permitted at any time so long as they comply with all other provisions
of this Part.
6.
Regulations.
A.
Burning of refuse (rubbish, garbage, or trade waste) is strictly
prohibited.
B.
The burning of other domestic waste shall be permitted under the
following conditions:
(1)
The fire shall be contained in a noncombustible, properly ventilated
container covered with a wire screen, mesh or other suitable noncombustible
cover so as to prevent pieces or particles from escaping, floating,
and/or being blown away.
C.
Contained fires set solely for cooking are permitted.
D.
Fires set solely for recreational or ceremonial purposes are permitted.
E.
A fire set for the purpose of burning that amount of yard waste generated
from the premises of a structure occupied solely as a dwelling is
permitted when the fire is on the premises of said structure.
F.
Agricultural waste as defined in the Clean Air Act, 42 U.S.C. § 7401
et seq., is exempted from these regulations, enforcement and penalty.
[Ord. 10.3.2006, 10/3/2006, § 4; as amended by
Ord. 8.5.2008, 8/5/2008]
1.
The Township Supervisors, or any other officer or designated person,
are authorized to give notice by personal service or certified mail
to the owner or occupant of any premises where upon an open fire in
violation of this Part has occurred.
2.
Any person, firm or corporation who 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 less than $100 nor 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. 1989-2, 4/6/1989]
The Hepburn Township Supervisors may declare by resolution that
there shall be no open burning within the Township or any designated
portion thereof whenever it appears to the Supervisors that such open
burning would create a fire hazard condition because of the lack of
rain or dry condition of the land and vegetation within the Township
or designated area thereof.
[Ord. 1989-2, 4/6/1989]
Upon the imposition of a ban against open burning it shall be
unlawful for any person or entity to start a fire or burn any substance
outside of the enclosed confines of a building or to permit, cause,
facilitate or maintain in any way a fire or burning of any substance
outside of the enclosed confines of a building; provided, however,
that wood, charcoal or gas fires used for the preparation of foods
shall not be subject to such ban if such fires are maintained in appropriate
appliances or containers and reasonable safeguards are taken to prevent
dangerous conditions from arising by the emission of sparks, flames
or smoke from such cooking fires.
[Ord. 1989-2, 4/6/1989]
1.
The ban against open burning as above set forth may be imposed by
resolution of the Hepburn Township Supervisors for such a period of
time and in such areas of the Township, or the entire Township, as
they shall determine to be warranted by the fire hazard conditions
existing.
2.
In addition, the Chairman of the Supervisors may impose such a ban
if the Chairman, after consultation with the Chief of the Hepburn
Township Volunteer Fire Company (or person acting in such capacity)
determines that an emergency fire hazard condition exists warranting
the imposition of an open burning ban; provided, however, that the
Board of Supervisors at their next meeting affirm by resolution the
imposition of the open burning ban; otherwise, the imposition of the
ban by the Chairman's action shall be considered a nullity. Any
open burning ban shall remain in effect until the Supervisors by resolution
terminate the ban upon their determination that the fire hazard condition
no longer exists.
[Ord. 1989-2, 4/6/1989]
Whenever an open burning ban is imposed or is terminated, notice
thereof shall be published once in the legal advertising section of
a newspaper of general circulation within Hepburn Township and shall
be effective immediately upon such publication. The Township shall
also take reasonable steps to publicize the imposition or termination
of such a ban through the public news media.
[Ord. 1989-2, 4/6/1989; as amended by Ord. 8.5.2008, 8/5/2008]
Any person, firm or corporation who 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, 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.
Each act of burning and each day that burning is continued shall
constitute a separate offense.
[Ord. 1989-2, 4/6/1989]
The Hepburn Township Supervisors, or an officer thereof acting
under their direction, in addition to other remedies, may institute
in the name of Hepburn Township any appropriate legal action or proceeding
to prevent, restrain, correct or abate such burning, or to prevent
any act, conduct, business or use constituting a violation hereof.
