[Ord. 2006-70, 2/9/2006]
This Part shall be known and cited as the "Swatara Township
Burning Ordinance."
[Ord. 2006-70, 2/9/2006]
The purpose of this Part is to prevent needless public damage
to life and property because of public and private nuisances caused
by outdoor fires deliberately or carelessly set and maintained.
[Ord. 2006-70, 2/9/2006]
For the purposes of this Part, the following words and terms
shall have the meanings ascribed to them herein:
- CONTAINED FIRE
- Any fire contained in an incinerator, fireplace or cooking grill or other contained enclosure designed for outdoor cooking, or a fireproof container.
- ENFORCEMENT OFFICER
- The Township's appointed Code Enforcement Officer shall be designated enforcement officer under this Part, or any other person designated by resolution of the Swatara Township Board of Supervisors.
- FIRE
- Any fire set or maintained outside a building.
- 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.
- UNCONTAINED FIRE
- Any fire not included in the definition of a "contained fire."
[Ord. 2006-70, 2/9/2006]
1.
Compliance with Part.
A.
It shall be unlawful to burn, ignite, incinerate, maintain or permit
to burn any materials whatsoever, of whatever nature, without complying
with the terms and conditions of this Part.
B.
Nothing herein shall be construed to prevent fire-fighting training
by Township-designated fire-fighting organizations.
2.
Public roads and public properties. No person shall set, start, feed,
permit to burn or maintain any fire upon any of the streets, sidewalks,
alleys or public grounds in 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.
3.
Restrictions on lots of less than one acre. It shall be unlawful
to burn, ignite, incinerate, maintain or permit to burn any materials
whatsoever, of whatever nature, upon a lot less than one acre in size.
4.
Safe distances.
A.
It shall be unlawful to allow any fire, including cooking, within
30 feet from any building or 20 feet from any adjoining property line.
B.
No fire shall be set, started, fed, permitted to burn or maintained
where such fire may endanger any building or property, except where
such building or property is used by the Fire Department for training
purposes.
C.
Outdoor fires shall be allowed only upon private property and shall
take place at least 30 feet from any building, or 20 feet from any
property line or road line.
D.
Cooking grills may be less than 30 feet from a building, in any zoning
district, provided that reasonable safeguards are maintained.
E.
Nothing herein shall be deemed to prohibit indoor cooking activities,
provided that reasonable safeguards are maintained.
5.
Control of burning and unattended fires.
A.
No fire shall be allowed to burn unattended without a responsible
adult being present at all times and without readily available fire-extinguishing
apparatus.
B.
No fire shall be permitted to burn whenever a drought or extreme
weather conditions exist or when a ban on burning has been placed
into effect by the Commonwealth of Pennsylvania or other competent
governmental body. The Board of Supervisors may prohibit any and all
outdoor fires when atmospheric conditions or local circumstances make
such fires hazardous.
C.
No fire shall be set that results in uncontrolled burning of vegetation
(field fire).
D.
Outdoor fires shall be confined in a noncombustible container, covered
with a wire screen of one-half-inch or smaller mesh, or in other suitable
noncombustible containers, except for fires of leaves, brush, and/or
natural, untreated wood, which need not be confined to a noncombustible
container.
6.
Extinguishing unsafe fires. It is 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. Any such fire may
be extinguished by an official of the Township's designated fire
company or extinguished immediately upon request of such official.
7.
Days and hours.
A.
No person shall burn or cause to be burned any paper, boxes, rubbish,
leaves, or any other kind of substance, nor shall any person or persons
set or maintain any uncontained fire, or burn or cause to be burned
any uncontained fire of any substance or material of any kind, outdoors,
anywhere in the Township, on any Sunday, or on New Year's Day,
Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, or
Christmas Day.
B.
No person shall burn, cause to be burned, or allow smoldering of
any paper, boxes, rubbish, leaves or any other kind of substance,
nor shall any person or persons set or maintain any uncontained fire,
burn, cause to be burned, or allow smoldering of any uncontained fire
or substance or material of any kind, out-of-doors, anywhere in the
Township between dusk and dawn.
[Amended by Ord. 2015-04, 8/13/2015[1]]
[1]
Editor's Note: this ordinance also provided for the repeal
of former Subsection 7C and the renumbering of former Subsection 7D
as Subsection 7C.
C.
Recreational fires using natural, untreated wood and containing a
fuel source of no more than eight cubic feet are permitted at any
time so long as they comply with all other provisions of this Part.
8.
Unlawful substances.
A.
Burning of construction debris, plastics, by-products of manufacturing
and processing operations, and wastes from commercial operations is
strictly prohibited.
B.
Nothing herein shall be construed to permit or encourage the burning
of any substance determined by the Commonwealth of Pennsylvania or
the United States Environmental Protection Agency to be a hazardous
substance; nor shall any fire be permitted to burn by any person if
such burning is in violation of the Air Pollution Control Act[2] or other legislation of the Commonwealth of Pennsylvania
or the United States of America or any other competent body.
[2]
Editor's Note: See 35 P.S. § 4000 et seq.
C.
No garbage or offal may be burned at any time, either indoors or
outdoors.
D.
Fires shall be used only to burn readily combustible materials.
9.
Special circumstances. In the event that it is necessary to have
an uncontained fire of a size and/or at times other than allowed under
this Part, special permission must be obtained in advance from the
Lebanon County Emergency Management Agency or its designee. In the
event that any fire company is required to respond to a fire which
violates the provisions of this Part, a service fee may be levied
by the responding fire company.
[Ord. 2006-70, 2/9/2006]
1.
Sanctions. Any person who violates any of the provisions of this
Part shall, upon conviction thereof, be sentenced to pay a fine of
not less than $50 and not more than $1,000, together with costs of
prosecution, and in default of payment of any such fine and costs,
shall be committed to the Lebanon County Prison for a period not exceeding
30 days. Each violation shall constitute a separate offense and violation
for which summary conviction may be sought. The costs of prosecution
shall include all attorney's fees incurred by Swatara Township
in the prosecution and all prosecution-related costs and expenses.
2.
Equitable and other remedies. No penalty herein shall prevent the
Township from enforcing this Part by equitable, injunctive and other
remedies.
3.
Liability. The Township, its agents, officials, and representatives
shall not, under any circumstances, be liable 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. The person or party responsible
for any such fire shall bear sole liability for any damages caused
as a result thereof.
