[HISTORY: Adopted by the Board of Supervisors of the Township
of Nottingham 10-17-2005 by Ord.
No. 79. Amendments noted where applicable.]
This chapter shall be known and cited as the "Nottingham Township
Burning Ordinance."
It is against public policy to permit uncontrolled and unrestricted
outdoor burning. The purpose of this chapter 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.
Except where otherwise defined in this chapter, the definitions
set forth in Ordinance No. 56, Nottingham Township Municipal Solid
Waste Ordinance,[1] shall apply to this chapter and are incorporated by reference.
For the purposes of this chapter, the following words and terms shall
have the meanings ascribed to them herein.
Any weather condition, such as drought conditions, high winds
or other extreme weather conditions that are such that burning is
deemed to be dangerous by the National Weather Service.
A mechanical device which forcefully projects a curtain of
air across a pit in which open burning is being conducted so that
combustion efficiency is increased and smoke and other particulate
matter are contained.
Any fire contained in an incinerator, fire ring, portable
outdoor fireplace, fire pit, fireplace or cooking grill or other contained
enclosure or a fireproof container.
The Nottingham Township Zoning Officer and/or any individual
as designated by the Board of Supervisors shall be designated Enforcement
Officers under this chapter.
Any fire set or maintained outside of a building.
Trees, shrubs and other native vegetation which are cleared
from land during or prior to the process of construction. The term
does not include the demolition waste and dirt laden roots.
The waste parts, to include the entrails, of butchered animals.
Any individual, partnership, organization, association, agency,
firm, estate, or corporation and any other legal or commercial entity.
An individual 18 years or older who does not have any physical
or mental disability that would preclude them from properly supervising
a fire.
Solids not considered to be highly flammable or explosive,
including, but not limited to rags, old clothes, leather, rubber,
carpets, excelsior, furniture, tin cans, glass, crockery, masonry,
plasterboard, tires, appliances, mattresses and other similar materials.
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, provided that
"trade waste" shall not include any coal refuse associated with mining
or preparation of coal.
Any fire not included in the definition of a "contained fire."
A.
Compliance with chapter.
B.
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 Nottingham Township, except unless previously
authorized by an enforcement officer and where a designated area has
been set aside or reserved for this purpose and an appropriate container
has been provided to contain such fire.
C.
Safe distances.
(1)
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.
(2)
Fires shall be permitted only upon private property and shall take
place at least 20 feet from any building on a neighboring property
or road line.
(3)
Cooking grills may be less than 20 feet from a building, providing
that reasonable safeguards are maintained, to include location of
the grill on a level surface, proper ventilation and proper connection
to a fuel source, if applicable.
D.
Control of burning and unattended fires.
(1)
No fire shall be allowed to burn or smolder unattended without a
responsible adult being present at all times and without readily available
fire-extinguishing apparatus.
(2)
No fire shall be permitted to burn whenever adverse weather conditions
exist or when a ban on burning has been placed into effect by the
Commonwealth of Pennsylvania or other competent governmental body.
(3)
No fire shall be set that results in the uncontrolled burning of
vegetation (field fire).
(4)
Contained fires shall be in a noncombustible container, except for
fires of leaves, brush, and/or natural, untreated wood which need
not be confined to or contained in a noncombustible container.
E.
Extinguishing unsafe fires. Any unsafe fire may be extinguished by
the Enforcement Officer or by the responding fire company or shall
be extinguished immediately upon the request of the Enforcement Officer.
F.
Unlawful substances.
(1)
Burning of trade waste, grubbing waste, rubbish, offal waste, construction debris, plastics, by-products of manufacturing and processing operations, and wastes from commercial operations is strictly prohibited, except where authorized in § 131-4D.
(2)
No burning of leaves permitted on any property if leaf pickup by
the Township is available to that particular property.
(3)
All construction trade waste must be disposed of by means of a refuse
dumpster.
(4)
All grubbing waste must be disposed of by means of a refuse dumpster
or air curtain destructor.
(5)
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[1] or other legislation of the Commonwealth of Pennsylvania
or the United States of America or any other competent body.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
(6)
No rubbish or offal waste may be burned at any time either indoors
or out-of-doors.
(7)
Fires shall be used only to burn readily combustible materials.
G.
Special circumstances. In the event that it is necessary to have
an uncontained fire of a size and/or at times other than permitted
under this chapter, special permission written must be obtained in
advance by application on a form approved by the Board of Supervisors
from a designated Enforcement Officer.
A.
Sanctions. The designated Enforcement Officers may bring, at the
option of Nottingham Township, a civil enforcement proceeding or enforcement
as a summary offense, against any person, whether principal or agent,
who violates this chapter or assists or abets its violation, as follows:
B.
Civil enforcement proceeding. The designated Enforcement Officer
may initiate by complaint or by such other means as provided by the
Pennsylvania Rules of Civil Procedure, a civil enforcement proceeding
before a Magisterial District Judge and seek civil penalties for a
violation of this chapter, which civil penalties imposed shall be
not more than $600 per violation, plus court costs, and reasonable
attorneys fees incurred by the Township in the enforcement proceedings.
Pursuant to 53 P.S. § 66601(1), the Township shall be exempt
from the payment of costs in any civil case brought to enforce this
chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Enforcement as summary offense. The designated Enforcement Officer
may bring an action before a Magisterial District Judge by the filing
of a complaint or citation in the manner provided for the enforcement
of summary offenses pursuant to the Pennsylvania Rules of Criminal
Procedure. The Municipal Solicitor may assume charge of the prosecution
without the consent of the District Attorney. Upon conviction of a
summary offense relating to a violation of this chapter, a criminal
fine shall be imposed, not to exceed $1,000 per violation and, in
default of paying fines and costs, the violator shall be sentenced
to a term of imprisonment not to exceed 30 days. Each day that a violation
of this chapter continues shall constitute a separate offense. The
designated enforcement officer may maintain a summary offense prosecution
in addition to a civil enforcement proceeding wherein the same are
not mutually exclusive.
D.
Any person, whether as principal or agent, who violates this chapter
or assists or abets its violation, and who has been found liable in
a civil proceeding or upon conviction of a summary offense and who
refuses to cease and desist in violating this chapter shall not have
a building permit issued to that person and shall have revoked any
and all building permits issued by the Township to that person.
E.
Equitable and other remedies. No penalty herein shall prevent the
Township from enforcing this chapter by equitable, injunctive and
other remedies.
F.
Liability. Nottingham Township and its agents, officials, and representatives,
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the provisions of this
chapter, or by reason of the conduct of any burning activity in compliance
with the terms and provisions of this chapter. The individual person
or party responsible for any such fire shall bear sole liability for
any damages caused as a result thereof.
The provisions of this chapter shall be severable, and if any
provision hereof shall be declared unconstitutional, illegal or invalid,
such decision shall not affect the validity of any of the remaining
provisions of this chapter. It is hereby declared as a legislative
intent of the Township that this chapter would have been amended as
if such unconstitutional, illegal or invalid provision or provisions
had not been included herein.
