This chapter shall be known as the "Township of Muhlenberg Open
Burning Ordinance."
As used in this chapter, unless the context compels otherwise,
the following terms shall have the meanings indicated:
BONFIRE
An outdoor fire which is not contained in an incinerator,
fixed outdoor fireplace, portable outdoor fireplace, cooking grill
or outdoor wood boiler and which is for the purpose of pleasure, religious,
ceremonial, cooking, disposal of brush, warmth or similar purpose.
CODE OFFICIAL
The Code Enforcement Official or a Muhlenberg Township police
officer.
COOKING GRILL
An outdoor man-made appliance which uses charcoal, natural
gas or propane as the primary fuel source and is designed and used
for the purpose to cook food outdoors.
FIXED OUTDOOR FIREPLACE
An outdoor, solid-fuel-burning, charcoal-burning, propane
or natural-gas-burning fireplace that may be constructed of stone,
brick, steel, concrete, clay or other noncombustible material that
is fixed to the real property.
OUTDOOR WOOD BOILERS
An outdoor man-made appliance or structure which uses solid
fuel, charcoal or propane as the primary fuel source for the express
purpose of heating a residential or commercial building.
PERSON
Any individual or individuals, partnership, limited partnership,
association, corporation or other entity singular or plural, including
the responsible officers of any such entity.
PORTABLE OUTDOOR FIREPLACE
A non fixed, outdoor, solid-fuel-burning fireplace that may
be constructed of steel, concrete, clay or other noncombustible material.
A portable outdoor fireplace may be of open design or may be equipped
with a small hearth opening and a short chimney.
TOWNSHIP
The Township of Muhlenberg, Berks County, Pennsylvania.
No person shall burn any material of any kind in the Township,
except as authorized by this chapter.
The Board of Commissioners may declare a fire ban emergency
in Muhlenberg Township with or without consultation with the Emergency
Management Coordinator and/or fire chiefs of the local fire companies
during a period of drought or other periods of high risk to woodlands
or property within Muhlenberg Township.
The proper officials of the Township are hereby authorized and
empowered to take such additional action as they may deem necessary
or appropriate to implement this chapter.
The provisions of this Township of Muhlenberg Open Burning Ordinance
shall be severable, and if any provision hereof shall be held to be
unconstitutional, invalid or illegal by any court of competent jurisdiction,
such decision shall not affect the validity of any of the remaining
provisions of the chapter.
The chapter shall become effective immediately upon enactment
or, if later, upon the earliest date permitted by law.