[HISTORY: Adopted by the Board of Commissioners of the Township
of Vanport 5-10-2004 by Ord. No.
314.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 180.
This chapter shall be known and may be cited as the "Vanport
Township Open Burning Ordinance of 2004."
The municipal government of Vanport Township under, and by virtue
of and pursuant to the authority granted by Municipal Code, does hereby
enact and ordain this chapter.
It is hereby declared to be a matter of public health and safety
to regulate the disposal of waste by open burning in the Township
of Vanport. It is further declared that the dangers of open fires,
the air pollution from fires, and the management of waste removal
and disposal necessitate regulation to protect the peace, good order
and welfare of the Township and the health and safety of its citizens.
The following words, terms and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
An individual 18 years of age 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.
The act of consuming by fire; to flame, char, scorch or blaze.
As used in this chapter, "smoldering" shall have the same meaning
as "burning" and any smoldering shall be deemed as burning.
Trees, shrubs and other native vegetation which are cleared
from land during or prior to the process of construction or agricultural
land maintenance.
All perishable animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food; any solid
or liquid material which, when ignited, creates toxic or noxious fumes,
including but not limited to plastics, rubber, petrochemicals, furniture,
carpets, rags, old clothing and any waste not herein defined as "yard
waste" or "trade waste."
A city, incorporated town, borough, county, township or other
public body created under commonwealth law having jurisdiction over
the disposal of wastes.
A fire emitting contaminants directly into the atmosphere;
not directed through a flue.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, estate, department,
board, bureau of energy of the commonwealth or the federal government,
municipality, district authority or any other legal entity whatsoever,
recognized by law as the subject of rights and duties.
All solid or liquid waste material resulting from construction,
building operations, or the performance of any business, trade or
industry, including but not limited to asphalt shingles, electric
wiring, plastic products, cartons, paint, grease, oil and other petroleum
products, chemicals, cinders, processed wood and other forms of solid
and liquid waste material; provided, however, that the trade waste
shall not include any coal refuse associated with the mining or preparation
of coal.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material from residential
yard maintenance.
A.
There shall be no open burning.
B.
Burning leaves prohibited:
(1)
No person shall burn tree leaves or other residential yard waste
for any reason within the Township of Vanport.
C.
Wastes of any kind cannot be transported for the purpose of burning
from one area of the municipality to another or into the municipality
from any other municipality.
D.
Fire bans.
(1)
The
municipal governing body may declare a fire ban emergency in the municipality
with or without the consultation with the Fire Chief of the volunteer
company operating within the municipality during a period of drought,
or other periods of high risk to woodlands or property within the
municipality.
(2)
Upon
the municipal governing body declaring a fire ban emergency, all outdoor
burning or fire shall be prohibited until the ban is lifted by the
municipal governing body.
(3)
Notice
of declaring or lifting a fire ban shall be published at least once
in a local newspaper of general circulation.
E.
The following types of fires are exempt from all the provisions of this chapter except Subsection D, Fire bans:
(1)
Fire solely for cooking food.
(2)
Recreational fires for warmth, fellowship, food preparation, camping,
ceremonial purposes of private individuals or organizations (i.e.,
Boy/Girl Scouts).
(3)
Fires set in the performance of an official duty by any fireman or
public officer where the fire is for the prevention of a hazard which
cannot be abated by any other means; for the protection of health,
safety, or welfare; for the purpose of instructing personnel in fire
safety; or for other official purposes.
Any person violating any provision of this chapter shall, upon
conviction of a first offense thereof, be sentenced to pay a fine
of not less than $100 or more than $300, together with the costs of
prosecution, and upon conviction for a second and subsequent offenses,
be sentenced to pay a fine of not less than $300 or more than $1,000,
together with the costs of prosecution, and in default of such fine
and costs, to imprisonment for a period not to exceed 30 days. Each
day's continuance of a violation after notification shall constitute
a separate offense.
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this chapter or fail
to comply with any order or other requirement of the municipality;
or to cause a public nuisance; or to hinder, obstruct, prevent, or
interfere with the municipality or its personnel in the performance
of any duty hereunder, including denying the ordinance enforcement
officer or other authorized personnel access to the property in question.
