[Ord. No. 114, 2/20/1989;
as amended by Ord. No. 185, 12/17/2001]
The Board of Supervisors of the Township of Amity.
Any device specifically designed for the destruction by burning
of refuse, sewage, sludge or any other combustible container.
A fire in which any material is burned in the open or not
in a receptacle.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity."
[Ord. No. 114, 2/20/1989;
as amended by Ord. No. 185, 12/17/2001]
The Board of Supervisors shall have the power to enforce the
provisions of this Part and does specifically authorize and empower
the Fire Marshal, or his designee, to enforce the same.
[Ord. No. 3, 2/4/1956;
as amended by Ord. No. 36, 2/6/1970;
by Ord. No. 114, 2/20/1989; and
by Ord. No. 185, 12/17/2001]
(a)
No person shall kindle or maintain an open fire or authorize any
fire to be kindled or maintained on any street, avenue, alley, easement
or right of way. This shall also include all Amity Township property.
No open fire shall be kindled within 50' of any structure, fence,
property line or combustible material. All fires must be guarded by
one or more responsible persons until such fire has burned out. It
is unlawful to kindle or maintain any open fire or authorize any open
fire between sunset and sunrise.
(b)
When any field or brushland is to be burned, which field or brushland
is an acre or more in area or adjacent to or adjoining any building,
notice of such burning must be given by the person intending to make
the fire to the Chief of the local fire company or the Fire Marshal
of the Township at least 24 hours prior to the time such burning is
to take place.
(c)
No person shall burn rubbish or paper except in containers or devices
which will keep such fires under safe and adequate control.
(d)
No person shall burn garbage within the geographic limits of the
Township of Amity except in containers constructed or manufactured
for such purpose and in such manner not offensive to his neighbors.
(e)
No person shall burn rubbish, garbage or refuse of any kind within
those areas of the Township of Amity when the Township provides for
the collection and disposal of garbage, rubbish, refuse, paper, etc.
(f)
Within the Amity Township limits, no person shall ignite, feed, allow
or permit the maintenance of any open fire in any public or private
place outside any building or device approved and built specifically
for containment of a fire, unless the fire is under the direct and
constant supervision of an adult.
(g)
It shall be unlawful for residents of Amity Township to burn any
recyclables that are included in the Township Recycling Program.
[Ord. No. 114, 2/20/1989;
as amended by Ord. No. 185, 12/17/2001]
On any occasion when an open fire is ignited, fed, permitted
or allowed to be maintained outside a building or device constructed
to contain said fire, the Fire Marshal, or his designee, may, in his
judgment determine that the fire constitutes a danger to any person
or property, whether public or private, and order the fire extinguished
or direct such other restrictions or limitations to contain and remove
the danger of loss or injury.
[Ord. No. 3, 2/4/1956;
as amended by Ord. No. 36, 2/6/1970]
Any person or persons violating any of the provisions of this
Part or neglecting or failing to comply with any order or notice issued
pursuant to a violation of any section hereof shall, upon conviction
before any District Justice within the County of Berks, be sentenced
to pay a fine not exceeding $1,000 for each offense, with costs to
be recovered in the name of the Township of Amity, Berks County, Pennsylvania,
and if the amount of said judgment and costs shall not be paid, said
person shall suffer imprisonment in the Berks County Prison for a
period not exceeding 30 days.
[Ord. No. 36, 2/6/1970;
as amended by Ord. No. 114, 2/20/1989]
If any sentence, clause, section or part of this Part 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 Part. It is hereby declared as the intent of the
Board of Supervisors that this Part would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
