[HISTORY: Adopted by the Board of Supervisors of the Township of West Whiteland 7-24-2019 by Ord. No. 448. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "West Whiteland Township Open Burning Ordinance."
It is hereby declared to be a matter of public health and safety to regulate the disposal of waste by open burning in the Township of West Whiteland. It is further declared that the dangers of open fires, the air pollution from open fires, and the management of waste removal and disposal necessitate regulation to protect the peace, good order, and welfare of the Township and the health and safety of its citizens.
The following words, terms, and phrases, when used in this chapter, shall have the following meanings:
- GASEOUS-FUEL-BURNING APPLIANCE
- An appliance utilizing gaseous fuels, including, but not limited to, natural gas, propane, etc., for combustion.
- LIQUID FUEL BURNING APPLIANCE
- An appliance utilizing liquid fuels, including, but not limited to, kerosene, waste oil, fuel oil, etc., for combustion.
- OPEN BURNING
- The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.
- Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency, or other entity recognized by law as the subject of rights and duties.
- All perishable animal and vegetable matter resulting from the handling, preparation, cooking and consumption of feed; any solid or liquid material which, when ignited, creates toxic or noxious fumes, including, but not limited to, plastics, rubber, petrochemicals, furniture, carpets, rags, clothing; any waste not herein defined as yard waste or trade waste.
- SOLID FUEL
- Wood, coal, charcoal, grain and any other similar material that, when ignited, produce heat and light.
- SOLID-FUEL-BURNING APPLIANCE
- An appliance used for the purpose of combusting solid forms of fuel such as wood, coal, charcoal, wood pellets, grain, etc.
- TRADE WASTE
- All solid or liquid waste material resulting from construction, building operations, demolition, or the performance of any business, trade, or industry, including, but not limited to, roofing material, electric wiring, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders, processed wood, and other forms of liquid and solid waste materials.
- Material discarded as worthless or of no use.
- YARD WASTE
- Waste resulting from the normal maintenance and upkeep of a yard, including, but not limited to, limbs, branches, bushes, garden plants, etc.
Open burning of any refuse, trade waste, yard waste or other waste materials shall be prohibited. It shall be unlawful for any person to ignite or feed an open fire for the purposes of burning any material defined above.
When the Fire Marshal determines that there is imminent or immediate danger to any person(s) or any property, buildings, structures or premises as a result of a fire, the Fire Marshal or authorized designee may take any and all steps necessary, within the reasonable performance of his/her duties, to extinguish, mitigate and/or control that fire in order to preserve and protect the life, health, welfare or safety of any person(s) and to preserve and protect property, buildings, structures or premises.
Fires ignited in the performance of an official duty by any emergency services agency for the prevention of a hazard which cannot be abated by another means, for the protection of health safety or welfare; or for the purpose of instructing personnel in fire safety; or other official purposes.
A professionally manufactured solid-fuel-burning appliance or liquid- or gaseous- fuel-burning appliance, when used in accordance with its Underwriter Laboratory listing, manufacturer's instructions and the current West Whiteland Township Fire Code in effect and accessory to a single-family attached or detached dwelling.
Fires in conjunction with private fire training, religious ceremonies and environmental control or other purposes when authorized by the issuance of a fire operational permit by the Fire Marshal or authorized designee.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with costs of prosecution, and in default of such fine and costs, to imprisonment for a period not exceeding 30 days. Each day's continuance of a violation after notification shall constitute a separate offense.
In the event that any provision, section, sentence, clause, or part of this chapter is held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this chapter, it being the intent of the Board that such remainder shall be and shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared to be severable.
This chapter shall be effective five days from the date of enactment.