[Ord. 8-1999, 10/13/1999]
The Supervisors recognize that certain weather and other conditions
such as drought or other emergencies would make outdoor burning hazardous
to the health, safety and welfare of residents of Lower Oxford Township.
The Supervisors further recognize that because of the nature of the
emergency there may be insufficient time for the advertising of a
special meeting of the Board of Supervisors of Lower Oxford Township
in order to enact and place a ban on all outdoor burning in Lower
Oxford Township for so long as the drought or other emergency condition
exists.
[Ord. 8-1999, 10/13/1999]
1. The Board of Supervisors of Lower Oxford Township hereby establishes
a procedure for the enactment of a ban on outdoor burning should such
emergency occur without the requirement of an advertised special meeting.
2. The Supervisors shall by declaring an emergency situation in the
Township, and as a part of that declaration of emergency, place a
ban on outdoor burning. The notice of the ban shall be by newspaper
advertisement, radio announcement, public notice on cable television
stations and other means reasonably calculated to bring the information
concerning the open ban to the attention of the residents of Lower
Oxford Township.
3. At the next publicly scheduled meeting the Supervisors shall confirm
their act and make a determination of the approximate period of time
of the continuing emergency and the continuation of the ban. The ban
shall be lifted by action of the Board of Supervisors at either their
regularly scheduled public meeting or an advertised public meeting.
[Ord. 8-1999, 10/13/1999]
1. Within the first 10 days of the establishment of the ban on burning
within Lower Oxford Township, any individual designated by the Township
Supervisors to enforce the ban shall give notice to persons practicing
open burning of the ban with no penalty attached to the notice. A
record shall be kept of all such notices and any person who violates
the ban a second time will be subject to the penalty as established
below.
2. After the initial ten-day period, any person discovered violating
the ban on open burning will be assessed a civil enforcement penalty
in the amount of $25, for the first notification of violation of the
open burning ordinance.
3. Any person who receives a second notice during the open burning ban
emergency shall be assessed a civil penalty in the amount of $300.
That sum shall be payable to Lower Oxford Township.
4. Any person who fails to pay the penalty directly to the Township
shall be given notice that the Township will proceed in an enforcement
action against them before the local District Justice for the collection
of the penalty for violation of this Part as well as the costs of
service and filing costs.