[Ord. 6-04-2, 6/10/2004]
This Part shall be known and may be cited as the "Gregg Township Burn Ordinance" which shall be applied specifically for protection within the Village of Spring Mills.
[Ord. 6-04-2, 6/10/2004]
The Board of Supervisors of the Township of Gregg, under, and by virtue of and pursuant to the authority granted by the Second Class Township Code hereby enacts and ordains this Part.
[Ord. 6-04-2, 6/10/2004]
The purpose of this Part is to prevent public and private nuisances caused by outdoor fires deliberately or carelessly set and maintained; to avoid unnecessary calls or alarms to the local fire department; and to provide for safety of the citizens, air quality, buildings, or forests of Gregg Township within the Village of Spring Mills.
[Ord. 6-04-2, 6/10/2004]
As used in this Part, the following terms shall have the meanings indicated:
ADULT PERSON
A person of at least 16 years of age.
BURNING
The act of consuming by fire; to flame, char, scorch, or blaze. As used in this Part, smoldering shall be deemed a burning.
CONTAINED FIRE
Any fire contained in an incinerator, fireplace designed for outdoor cooking, or a fireproof container.
DOMESTIC REFUSE
Any solid waste, including, but not limited to, putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, nonputrescible wastes including rubbish, ashes, dead animals and any other solid waste that results from the normal occupancy of the structure.
ENFORCING OFFICER
The Penns Valley Code Enforcement Agency or any other duly authorized agent.
FIRE
Any fire set or maintained outside a building.
NOXIOUS
Hurtful; offensive; offensive to the smell.
SMOLDER
Burning sluggishly with little or no flame and with much smoke.
SOLID WASTE
Waste, including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials resulting from municipal, industrial, commercial, agricultural and residential activities.
UNCONTAINED FIRE
Any fire except a "contained fire."
VILLAGE OF SPRING MILLS
Area and group of properties which adjoin or are accessed from Musser Alley, Railroad Street, Cooper Street, Maple Lane, Egg Hill Drive, Water Tower Lane, School Street, Water Street, Fire Lane, Tool Shed Lane, Stomeyer Lane, Long Street and Long Street Extension and which are not designated as agricultural on the May 2, 2001 Gregg Township Zoning Map produced by Geo-Decisions. In addition, the Village of Spring Mills shall include the baseball field adjacent to Sinking Creek Road and currently located on property owned by the Penns Valley Area School District.
WASTE
Material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable material.
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative materials.
[Ord. 6-04-2, 6/10/2004]
1. 
From and after the effective date of this Part, no person shall cause, suffer, or permit the burning of any material in an uncontained fire with the exception of the following:
A. 
A fire set for ceremonial or recreational purposes.
B. 
Fires set for outdoor cooking such as charcoal grill fires, campfires or smokehouses
C. 
A fire set in conjunction with agricultural production.
D. 
A fire set to abate a hazard.
E. 
A fire set to generate heat.
F. 
A fire set for the control and prevention of disease.
G. 
A fire necessary for carrying out the Township's Emergency Operation Plan.
H. 
Fires necessary to save life and property.
I. 
Fires set for the purpose of burning that amount of domestic refuse, except plastic, generated from one dwelling, when the fire is on the premises of a structure occupied solely as a dwelling by two families or fewer, and when the refuse results from the normal occupancy of said structure.
J. 
Fires for burning yard waste.
2. 
Restrictions for All Fires.
A. 
All fires shall be constantly attended by at least one adult person until they are completely extinguished.
B. 
Any fire, contained or uncontained, permitted to burn in an unsafe manner under adverse weather conditions, or unsupervised, or determined unsafe by the Penns Valley Code Enforcement Agency Official, shall be extinguished immediately upon demand by such official.
C. 
Fires are not permitted during adverse wind and weather conditions as declared by the Board of Supervisors or the Centre County Board of Commissioners.
D. 
No fire, of any kind, shall be permitted to smolder or produce noxious fumes.
E. 
Fires shall not be set for the purpose of burning plastic or plastic-coated products, treated lumber, asphalt products, furniture, mattresses, tires and rubber products, automotive parts and batteries and the like.
F. 
Installation of outdoor wood-fired furnaces, boilers, or other heat- producing devices is prohibited from the date of enactment of this Part.
[Ord. 6-04-2, 6/10/2004]
The Penns Valley Code Enforcement Agency or any other duly authorized agent shall have the power and duty to enforce the provisions of this Part.
[Ord. 6-04-2, 6/10/2004; as amended by A.O.]
Any person who violates any provision of this Part, or any order of Gregg Township issued pursuant to this Part, may receive a verbal or written warning. If further action needs to be taken, a complaint may be filed and said person, 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.