[HISTORY: Adopted by the Board of Supervisors of East Earl
Township 11-10-2020 by Ord. No. 209.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 152,
Burning, Open, adopted 9-10-2013 by Ord. No. 184.
This chapter shall be known as the "East Earl Township Burning
Ordinance of 2020."
The Board of Supervisors of East Earl Township has determined
that open burning may result in damage to property, physical injury
and loss of life and that air pollution from open burning may be detrimental
to the health, comfort, living conditions, welfare and safety of the
citizens of the Township and at times places an unnecessary burden
and risk upon the Township's volunteer fire services personnel.
It is against public policy to permit uncontrolled and unrestricted
outdoor burning. The purpose of this chapter is to protect its citizens
and volunteer personnel and to prevent needless public injury or damage
to life and property because of public and private nuisances caused
by outdoor fires deliberately or carelessly set or improperly maintained.
As used in this chapter, the following terms shall have the
meanings indicated:
A container used for the purpose of open burning consisting
of a metal barrel with a fifty-five-gallon capacity or less or similar
container approved by the National Board of Fire Underwriters.
The act of consuming by fire, including, but not limited
to, flaming, charring, scorching or blazing. Also see "smoldering."
Any fire contained in an incinerator, a furnace, a contained
enclosure designed for outdoor cooking, an approved container, or
other noncombustible completely enclosed container.
Any fire under the control of a responsible adult not included
in the definition of "contained burning."
Waste generated from a residential dwelling. The term "domestic
refuse" does not include household hazardous waste, source-separated
waste from recyclables, appliances, carpets, demolition waste (insulation,
shingles, plaster, siding, etc.), furniture, mattresses, box springs,
paint, plastics, petroleum products, rubber products, solvents, tires,
treated wood, wire or putrescible waste.
Any enclosed device specifically designed for burning any
material for the production of heat for a dwelling or other structure.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Waste considered hazardous within the meaning of the Solid
Waste Management Act, 35 P.S. § 6018.101 et seq., except
that it is produced in lesser quantities than that regulated under
the Solid Waste Management Act, or is generated by persons not considered
hazardous waste generators within the meaning of the Solid Waste Management
Act.
A fire in which any material is burned in the open or in
a receptacle other than an incinerator or furnace, or is not contained
in an enclosure designed for outdoor cooking or another noncombustible,
completely enclosed container.
Any individual, partnership, association, corporation, department,
bureau, agency or legal entity.
An 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.
Burning without a visible flame and often with smoke. "Smolder"
shall have the same meaning as "fire," and any smoldering shall be
considered burning.
The Township of East Earl, Lancaster County, Pennsylvania.
Those substances defined as "wood" and "wood products" by
the regulations of the United States Department of Environmental Resources.
The definition includes brush and leaves. The definition excludes
all pressure-treated or treated wood or wood products which would
emit toxic smoke or fumes when ignited.
It shall be unlawful for any person, firm or corporation to
kindle or maintain any bonfire or other fire, or to authorize any
such fire to be kindled or maintained, within the Township of East
Earl under the following circumstances:
A.
When said fire is burning between sunset and sunrise;
B.
In the case of open fires, within 75 feet from any structure of any
kind or character whatsoever, whether said location is the original
location of the fire or the same has spread to such a location;
C.
In all other fires than those provided in Subsection B above, when such fire is not confined or contained in a furnace, a contained enclosure designed for outdoor cooking, or an approved container;
D.
When any fire is not kept under the personal supervision of a responsible
person;
E.
When said fire is located sufficiently close to any structure so
that such structure might catch fire, taking into account the quantity
of the material being burned, the nature of the material being burned
and the velocity of the wind on the day in question. When any person,
firm or corporation desiring to light any fire is in doubt as to the
application of the standards set forth in this subsection, any Fire
Chief of a fire company in the Township shall be contacted, and his/her
decision shall be final. Nothing in this subsection shall be construed
to lessen the required seventy-five-foot distance for all open fires;
F.
When said fire includes the burning of any aerosol cans, appliances,
automobiles, automotive parts, batteries, carpets, demolition waste
(insulation, shingles, plaster, siding, etc.), diapers, feces, furniture,
garbage, household hazardous waste, mattresses, box springs, metal,
paint, plastics, petroleum products, rubber products, solvents, tires,
treated wood, waste oil, wire or putrescible waste;
G.
When said fire includes the burning of any substance determined by
the Commonwealth of Pennsylvania or the United States Environmental
Protection Agency to be a hazardous substance, or if such burning
is in violation of the Air Pollution Control Act[1] or other legislation by the Commonwealth of Pennsylvania
or the United States of America or any of their legislative agencies;
or
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
H.
When said fire occurs during a fire ban emergency as proclaimed by
the Commonwealth of Pennsylvania, County of Lancaster or Township
of East Earl.
A.
Nothing within this chapter shall be construed to prevent the burning
of wood or wood products for recreational or ceremonial purposes,
or fire used to cook food, so long as such fire shall not exceed six
feet in diameter.
B.
In addition, this chapter shall not prohibit fire under the control
and supervision of public agencies or officials which have as their
purpose:
(1)
Fire set to prevent or abate a fire hazard, when approved by PA DEP
and set by or under the supervision of a public officer;
(2)
Fire set for the purpose of instructing personnel in firefighting;
(3)
Fire set for the prevention and control of disease or pests;
(4)
Prescribed controlled fire for the conservation and management of
unique and natural areas and/or for the reduction of fuel loads; or
(5)
Fire used as a management technique for preventing wildfires, scientific
research, or vegetation management.
A.
The Board of Supervisors may declare a fire ban emergency in East
Earl Township, with or without consultation with the Fire Chiefs of
the volunteer fire companies operating within the Township, during
period of drought, or other periods of high fire risk to woodlands
or property within East Earl Township.
B.
Upon the Board of Supervisors declaring a fire ban emergency, all
outdoor burning or fires shall be prohibited until the ban is lifted
by the Board of Supervisors. The Township shall publish a notice of
the fire ban emergency at least once in a local newspaper of general
circulation. In addition, the Township may issue news releases to
all communication media, including radio, television, website, and
newspapers.
The Board of Supervisors shall appoint the East Earl Township
Police Department to enforce the provisions of this chapter.
A.
It shall be unlawful to burn, ignite, incinerate, maintain or otherwise
permit the burning of any materials whatsoever without complying with
the requirements of this chapter.
B.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction in a summary proceeding brought in the name
of the Township, before a District Justice in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, be sentenced to pay a fine of not more than
$300, and the costs of prosecution, and in default of payment, to
imprisonment for a term of not to exceed 90 days.
C.
Each day, and each incident of burning, in violation of any of the
provisions of this chapter shall constitute a separate offense.
In the case of a fire requiring firefighters and/or equipment,
and upon conviction of any violation of this chapter, the violator
shall also pay charges in order to cover the firefighting costs. Charges
shall be assessed for use of firefighting equipment, volunteer time
and other expenses incurred, including all labor charges. The amount
of the additional costs shall be determined by the District Justice.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality, or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Board of Supervisors that this chapter would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
The Board of Supervisors, and its agents, officials, and representatives,
shall not be liable or responsible under any circumstances for damages
caused to any person or property by reason of the conduct of any burning
activity in compliance or noncompliance with the terms and provisions
hereof. The person, persons, company or companies responsible for
any such fire shall bear sole liability for any damages caused as
a result thereof.
