[Ord. 190, 2/10/1998, § 1; as amended by Ord. 231, 10/14/2008]
It shall be unlawful to burn any garbage as herein defined.
When used in this Part, "garbage" is declared to include any offal
or refuse, fish, fruit, vegetables, animal matter, or any other organic
substance subject to fermentation or decay; bottles or tin cans which
contain animal, fish or other vegetable matter are to be considered
garbage under any circumstances. Furthermore, it shall be unlawful
to burn any article which could be recycled.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
[Ord. 190, 2/10/1998, § 2; as amended by Ord. 231, 10/14/2008]
It shall be unlawful to burn any refuse, garbage or rubbish
in Old Lycoming Township under any circumstances.
[Ord. 190, 2/10/1998, § 3]
It shall be unlawful to burn leaves in Old Lycoming Township
as this is in violation of the current Department of Environmental
Protection's regulations.
[Ord. 190, 2/10/1998, § 4]
The burning of articles that would otherwise be permitted in
this Part received from locations outside of Old Lycoming Township
is strictly prohibited.
[Ord. 190, 2/10/1998, § 5; as amended by Ord. 231, 10/14/2008]
1.
Paper may be burned in a safe burning device provided:
A.
That a screen or other similar device prevents sparks and burring
matter from going on anyone else's property.
B.
The burning is controlled and attended by a responsible person at
all times.
C.
That no smoke or odor is emitted from the burning device perceptible
at the property line.
D.
The burning is done at a safe distance from any structure.
E.
That no burning ban has been established on an emergency basis by
the Supervisors of Old Lycoming Township or the Public Safety Director
of Old Lycoming Township.
F.
Provided that the burning shall be within the hours as hereinafter
prescribed.
[Ord. 190, 2/10/1998, § 6; as amended by Ord. 231, 10/14/2008]
No person shall burn any debris in such a way as to violate
any regulations of open burning established by Department of Environmental
Protection or which regulations may hereinafter be established, or
which may be unsafe to environment (air, water, or otherwise) or which
emits smoke or debris in such a way as to be an unreasonable annoyance,
smell or dirt to neighbors or persons in the vicinity of the burning
or which when a severe wind or dry conditions exist or which is closer
than a safe distance to any structure or which is unattended.
[Ord. 190, 2/10/1998, § 7; as amended by Ord. 231, 10/14/2008]
It shall be unlawful for any person, natural or corporate, to
burn or cause to be burned brush or other large amounts of debris
that may create a safety hazard to any persons or property. It shall
be unlawful at any time to burn or cause to be burned any controlled
burning materials without first notifying the Lycoming County Communications
Center of any controlled burning about to be conducted by said person(s).
Upon completion of said controlled burning, said persons) shall renotify
Lycoming County Communications Center that said controlled burning
is being terminated. Any controlled burning under this section, including
any brush burning, shall first be reported to the County Emergency
Management Agency before the beginning of burning. Likewise, no burning
of demolition materials shall be permitted without the express written
consent of the Department of Environmental Protection.
[Ord. 190, 2/10/1998, § 8]
Limited burning allowed under this Part shall be from 7:00 a.m.
to 7:00 p.m., prevailing time, Monday through Friday, and from 7:00
a.m. to 12:00 noon on Saturday. Burning shall be prohibited at all
other times, including Sunday and the following days: New Year's Day,
Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Christmas.
[Ord. 190, 2/10/1998, § 9; as amended by Ord. 231, 10/14/2008]
Should it appear that any fire heretofore permitted may be a
reasonable annoyance to other persons, an officer of Old Lycoming
Township Fire Company or an officer of Old Lycoming Township Police
Department may order a responsible person to extinguish such fire.
It shall be unlawful for any person to fail to extinguish a fire once
ordered to do so by one of the above persons.
[Ord. 190, 2/10/1998, § 10]
1.
The Township of Old Lycoming and/or the safety director appointed
by the Board of Supervisors may establish a burning ban at times of
extreme dryness or other times at which it would be dangerous to have
burning as allowed under this Part. During such times of burning ban,
the following rules are hereby enacted and shall apply:
A.
No open burning shall be permitted, including burning barrels, and
otherwise permitted in this Part.
B.
Outside gas grill or grill cooking shall be allowed.
C.
Fines for violating the burning ban are as provided in this Part.
D.
As in other violations, violators may be cited on the first offense
without warning.
[Ord. 190, 2/10/1998, § 12; as amended by Ord. 231, 10/14/2008]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, or other maximum
as established by State law, to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each
Section of this Part which shall be found to have been violated shall
constitute a separate offense. Furthermore, the Township's costs shall
be assessed against any person found guilty of this Part, including,
but not limited to, the Township's attorney's fees and court costs.
Each continued day of violation or continuing violation within any
day shall be a separate offense for which a person may be convicted
of violation.
