[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:
An appliance utilizing gaseous fuels, including, but not
limited to, natural gas, propane, etc., for combustion.
An appliance utilizing liquid fuels, including, but not limited
to, kerosene, waste oil, fuel oil, etc., for combustion.
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.
Wood, coal, charcoal, grain and any other similar material
that, when ignited, produce heat and light.
An appliance used for the purpose of combusting solid forms
of fuel such as wood, coal, charcoal, wood pellets, grain, etc.
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.
Waste resulting from the normal maintenance and upkeep of
a yard, including, but not limited to, limbs, branches, bushes, garden
plants, etc.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
