[Ord. No. 2009-05, 11/4/2009]
This Part shall be known as the "Valley Township Open Fire Ordinance of 2009."
[Ord. No. 2009-05, 11/4/2009]
As used in this Part, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context.
BARBEQUE STRUCTURE
A commercially constructed grill or masonry constructed grill for the purposes of heating, cooking and preparing food for the purpose of consumption.
OPEN FIRE
A fire outside of any building in which any material burned in the open or in a receptacle other than a barbeque structure.
PERSON
Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.
RECREATIONAL AND CEREMONIAL FIRE
Fires for the cooking of food, on other than a commercial premises, and open fires for recreational, religious and/or ceremonial purposes, such as campfires or bonfires.
TOWNSHIP
Valley Township, Chester County, Pennsylvania.
TOWNSHIP ENFORCEMENT OFFICER or ENFORCEMENT OFFICER
The Valley Township Code Officer, the Chief of the Westwood Fire Company or his designee.
[Ord. No. 2009-05, 11/4/2009]
Within the Township limits, no person shall: ignite, feed, cause, allow, permit or maintain on any property any open fire outside of any building for any purpose other than that specifically permitted herein.
[Ord. No. 2009-05, 11/4/2009]
1. 
The activities prohibited in this Part are subject to the following exceptions:
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 shall be permitted at any time when the same is conducted during an official act or exercise preapproved by the duly designated Township enforcement officer or by the Westwood Volunteer Fire Company.
C. 
Recreational and ceremonial fires may be set with written approval of the enforcement officer, provided:
(1) 
No hazardous or other objectionable condition will be created by such burning;
(2) 
No such burning is allowed on any street or sidewalk within the Township;
(3) 
Said open fire is related to a public function, including, but not limited to, fire works or a bonfire in support of a local organization;
(4) 
The pile of material to be burned shall be no greater than four feet in diameter and four feet in height;
(5) 
The fire shall not take place within 50 feet of a structure and precautions shall be taken to prevent the fire from spreading to within 50 feet of a structure;
(6) 
The ground around the material to be burned must be scraped so that a three foot noncombustible barrier exists around the area of the proposed fire;
(7) 
Fire extinguishing equipment shall be available on site and shall include, at a minimum, a shovel and sufficient water to extinguish the fire.
D. 
It shall be lawful at any time to burn charcoal or wood fires kindled for the purpose of outside barbeques, providing the fire is confined to the barbeque structure as defined in this Part, and is used solely for the heating, cooking and preparing of food.
2. 
Any person, partnership, corporation, unincorporated association or other entity seeking to burn an open fire under Subsection 1C, supra, shall make application therefor with the Township enforcement officer and shall further be responsible for the payment to the Township of an application fee in the amount of $20, which shall be appropriated by the Township to the use of the Westwood Volunteer Fire Company.
[Ord. No. 2009-05, 11/4/2009]
Authority is hereby granted to the Westwood Volunteer Fire Company to extinguish any open fire within the Township when the Fire Chief of said Company deems that conditions warrant such action.
[Ord. No. 2009-05, 11/4/2009]
Upon the denial of written approval for a recreational and/or ceremonial fire, an appeal may be taken to the Township Board of Supervisors at a regularly scheduled meeting, and such denial may be reversed upon a majority vote of said Board of Supervisors. The Board of Supervisors reserves the right to limit this approval to a specific time, place and/or manner, and issue restrictions that may be placed on said open fire.
[Ord. No. 2009-05, 11/4/2009]
The Township Board of Supervisors designates to the enforcement officer, in addition to the Township police officers, the power to enforce the provisions of this Part.
[Ord. No. 2009-05, 11/4/2009]
Any person who shall violate any provisions of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and, in default of payment, to imprisonment for a term not to exceed 30 days. Each day the violation exists shall constitute a separate offense.
[Ord. No. 2009-05, 11/4/2009]
This Part shall in no way be construed so as to repeal Ordinance No. 2008-10, prohibiting, inter alia, the burning of commercial, institutional or municipal yard waste,[1] Ordinance No. 2008-09, prohibiting the burning of combustible rubbish, noncombustible rubbish, garbage and/or dead animals,[2] or Ordinance No. 2008-08, prohibiting the burning of vehicles.[3] All other ordinances or parts of ordinances inconsistent herewith are hereby repealed.
[1]
Editor's Note: See Ch. 20, Part 1, Recycling Regulations.
[2]
Editor's Note: See Ch. 20, Part 2, Collection and Disposal of Garbage and Refuse.
[3]
Editor's Note: See Ch. 13, Part 2, § 13-212, Subsection 1F.
[Ord. No. 2009-05, 11/4/2009]
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 Township that this Part would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not included herein.