[HISTORY: Adopted by the Board of Supervisors of the Township of Cross Creek 9-21-1993 by Ord. No. 3-93. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BOARD OF SUPERVISORS
The Board of Supervisors of Cross Creek Township.
FURNACE
Any enclosed device specifically designed for burning any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning of refuse, sewage sludge, or any other combustible material.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator, excluding any fire used for recreational or culinary purposes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PERSON
Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.
REFUSE
Garbage, rubbish and trade waste.
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, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATION
Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including, but not limited to, metals, chemicals, shipping containers or drums.
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 forms of solid or liquid waste materials, provided that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.
The Board of Supervisors of the Township of Cross Creek shall have the power and duty to enforce the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Within the Township limits, no person shall:
A. 
(Reserved)
A. 
Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:
(1) 
The prevention of a fire hazard which cannot be abated by other means; or
(2) 
The protection of public health.
B. 
Open fires may be set as follows:
(1) 
Paper, boxes, leaves, branches and other nonputrescible vegetable matter only are burned;
(2) 
Rubbish, rubber products, asbestos products, petroleum products, fiberglass, food waste, tar products and furniture shall not be burned;
(3) 
There is no practical available alternative method for disposal of the material to be burned;
(4) 
No hazardous or other objectionable condition will be created by such burning; and
(5) 
No such burning is allowed on any street or sidewalk within the Township.[1]
[1]
Editor's Note: Original Section 4.2.F, regarding burning between the hours of 8:00 a.m. and 7:00 p.m., of Ord. No. 3-93, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Outdoor fires for cookouts or roasting are permitted so long as the same are conducted under the personal supervision or control of the owner, occupier or agent.
Outdoor fires or burning may be permitted upon private property subject to the following conditions and regulations:
A. 
Any and all fires set or maintained must be incidental to the personal use or business of the owner or occupier and must be related to the general cleanliness or welfare of the same.
B. 
Outdoor fires may be set and maintained by the owner, occupier or agent thereof either with a noncombustible container or under the personal supervision and control of such owner, occupier or agent. In either event, personal supervision must be maintained at the site until the fire is completely extinguished.
C. 
No fire shall be permitted closer than 10 feet to any building or dwelling house.
D. 
No open fire shall be permitted except between the hours of 8:00 a.m. to 9:00 p.m.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended 1-20-1998 by Ord. No. 1-98]
A. 
Upon conviction, the responsible party shall pay a fine of no less than $500 and no more than $1,000 per violation plus court costs and, where applicable, attorney's fees. Each day that a violation is found to exist shall be considered a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The fine shall be in addition to any and all other remedies available at law or in equity, wherein, and not by way of limitation, the Township shall have the right to bring an action in equity to abate and/or cause a termination of said violation or violating condition, wherein the party determined to be responsible shall also be subject to the payment of court costs, attorney's fees and the like. This remedy is in addition to and not in limitation of any other remedy or sanction that is available at law or in equity.
C. 
Said chapter shall be prosecuted and/or enforced by the Township Zoning Officer, Code Enforcement Officer, or any police officer or any other Township official as previously designated or appointed.