[Ord. No. 9-10-91, 12/11/1991, § 1]
This Part is enacted in the interest of the health, safety and
welfare of the residents of the Township of Hemlock for the prevention
of fires and to eliminate nuisances caused by smoke, cinders and ashes.
[Ord. No. 9-10-91, 12/11/1991, § 2]
1. No person shall burn any paper or refuse outdoors within the limits
of the Township of Hemlock unless such fires are protected by wire
basket, masonry enclosure, burning barrel or other similar device.
2. No outside fire shall be kindled or maintained within 20 feet of
any building or within 10 feet of any property line, unless the owners
of property on both sides of the property line shall have indicated,
in writing, their consent thereto.
3. The burning of any material is prohibited within the right-of-way
of any public street or alley.
4. No fire shall be kindled or maintained before sunrise or after sunset.
All fires must be tended at all times until the fire is out.
5. The burning of garbage, vegetable waste, rubber, plastics, furniture,
glass, metals, automotive products or any other materials which will
create nauseous or noxious fumes, smoke, toxic chemicals or excessive
fly ash, is specifically prohibited.
6. It shall be lawful to burn as provided for in subsection .1, above,
paper and other refuse material that is readily combustible, and will
not create nauseous fumes, noxious smoke, or excessive fly ash during
the hours set forth under subsection .4, above.
7. Charcoal or wood fires kindled for the purpose of outside barbecues
or camp fires shall be permitted to the extent not otherwise prohibited
by law or regulation, and are exempt from the regulations in subsection
.4, above.
8. Fireplaces within a structure are permitted for the purpose of providing
heat or for use as a barbecue, but in no event shall garbage, rubbish
or trash be burned in a fireplace.
[Ord. No. 9-10-91, 12/11/1991, § 3; as amended
by Ord. No. 6-12-01, 6/12/2001, §§ 1, 2]
1. The open burning of brush, dry grass or leaves is permitted during the hours set forth under §
7-302, Subsection
4, and within the areas defined in §
7-302, Subsection
2, so long as the fire area does not exceed 100 square feet.
2. The open burning of brush piles or grass areas in excess of 100 square
feet, bonfires, rubbish piles, or the burning of standing buildings
is permitted provided that the person conducting the burning shall
be required to notify the Township Fire Company having jurisdiction
over the area of the intended burning prior to such burning.
3. Any open burn that shall extend beyond the hours set forth in §
7-302, Subsection
4, shall require prior notification of the proper Fire Chief.
4. Open burning shall be prohibited in areas defined in §
7-302, Subsections
2 and
3, of this Part.
5. The burning of garbage, vegetable waste, rubber, plastics, furniture,
glass, metals, demolition waste, home insulation, shingles or other
roofing materials, treated wood, paint, automotive products or any
materials which will create noxious fumes, smoke, toxic chemicals
or excessive fly ash is specifically prohibited. This section shall
not be construed as prohibiting the burning of untreated scrap lumber
or other wood products not constituting demolition waste.
6. None of the above sections shall pertain to properly organized and
supervised training conducted by the Fire Company to improve and upgrade
the skills of its members to better protect the residents and their
property.
[Ord. No. 9-10-91, 12/11/1991, § 4]
The Supervisors of Hemlock Township shall have the authority
to place a ban on all burning within the Township if and when conditions
so warrant. Conditions shall be deemed to so warrant when, in the
discretion of the Board of Supervisors of Hemlock Township, burning
would pose a threat to the public health, safety, and welfare. The
Township Supervisors may place such a ban on all burning within the
Township for a period of time lasting for as long as the conditions
giving rise to the ban persist.
[Ord. No. 9-10-91, 12/11/1991, § 6; as amended
by Ord. No. 11-11-2014, 11/11/2014]
Any person who shall violate any of the provisions of this Part
or fail to comply herewith shall, 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 $10 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.