This article shall be known as the "Burning Ordinance."
The following words, terms, and phrases, when used in this article,
shall have the following meanings:
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking, and consumption of food.
OPEN FIRE
All fires kindled or maintained outside of a building and
shall include all fires maintained in containers, enclosures, barrels,
or devices commonly known as "burn barrels" or "fire pits." Open fires
also include brush fires or field fires which are not confined by
any type of container or enclosure.
OUTDOOR PREPARATION OF FOOD
Those fires which are kindled or maintained for the sole
purpose of food preparation, which use charcoal, natural gas, or liquefied
petroleum gas as a fuel or heat source.
PERSON
Includes persons, partnerships, corporations, and other business
entities.
RUBBISH
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
wood, excelsior, paper, ashes, tree branches, tree leaves, crockery,
masonry, and other similar materials.
TRADE WASTE
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 waste forms of solid or liquid waste materials; provided,
however, that trade waste shall not include any coal refuse associated
with the mining or preparation of coal.
No person shall kindle or maintain any bonfire or fire which
burns garbage, rubbish, or trade waste or authorize any such fire
to be kindled or maintained on or in any public street, alley, road,
or other public ground, or on private property. This limitation shall
include any and all open fires and other outdoor fires which are kindled
or maintained in containers, enclosures, barrels, incinerators, or
devices commonly known as "burn barrels" or "fire pits."
The provisions of this article shall not apply to the following:
A. A fire set solely for the outdoor preparation of food;
B. A fire relating to indoor heating appliances such as fireplaces,
wood, and coal stoves;
C. A fire set solely for recreational purposes from an outdoor heating
device using propane, and no other source, with a flame no more than
18 inches in height; or
D. Industrial or commercial incinerators which have been issued valid
air quality and operating permits by the Pennsylvania Department of
Environmental Protection.
Any person violating the provisions of this article, upon conviction
thereof, shall be sentenced to pay a fine of up to $1,000 for each
offense and the cost of prosecution and, in the event of default of
payment of each fine and cost, shall be subject to imprisonment for
not more than 90 days. Each day that a violation of this article continues
shall constitute a separate offense. Any person found guilty of violating
this article shall be assessed court costs and reasonable attorneys'
fees incurred by the Township in the enforcement proceedings.