[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Windsor 3-10-2016 by Ord.
No. 2016-01. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Lower Windsor
Township Air Pollution/Burning Ordinance."
A.
The Board of Supervisors of Lower Windsor Township has determined
that air pollution from certain sources such as open fires and the
emission of malodors is detrimental to the health, comfort, living
conditions, welfare, and safety of the residents of Lower Windsor
Township, and it is hereby declared to be the policy of Lower Windsor
Township to safeguard the welfare of its residents by regulating emissions
causing such air pollution in conjunction with the standards and regulations
of the Pennsylvania Department of Environmental Protection and any
other regulatory agencies.
B.
Additionally, the Board of Supervisors of Lower Windsor Township
has further determined that it is necessary to regulate the location
of open burning with respect to proximity to structures and adjoining
property lines.
For the purpose of this chapter, the following words shall have
the following meaning ascribed to them, unless the context clearly
indicates otherwise:
The presence in the outdoor atmosphere of any form of contaminant,
including, but not limited to, the discharging from stacks, chimneys,
openings, buildings, structures, open fires, vehicles, processes or
any other source of any soot, smoke, fly ash, dust, cinders, dirt,
noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic,
hazardous or radioactive substances, waste or any other matter in
such place, manner or concentration unfavorable or which may be detrimental
to human, plant or animal life or to property or which unreasonably
interferes with the comfortable enjoyment of life or property.
Building waste materials, including but not limited to waste
shingles, insulation, treated wood, painted wood, wiring, plastics,
packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
Any fire confined to a substantial container as defined herein.
Any fire, flame, char, scorch, blaze or smolder from which
any air emissions are released directly into the outdoor atmosphere
rather than being directed thereto through a flue, duct, pipe, stack
or chimney.
Any individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
The legal boundary separating one parcel of property from
another parcel.
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
A container of acceptable construction (e.g., metal, masonry
or other nonflammable material), 55 gallons or smaller, and equipped
with a top so constructed as to prevent fly ash or embers from escaping
into the atmosphere.
The Township of Lower Windsor, York County, Pennsylvania.
A.
No person shall cause the open burning of any material in the Township
any time on any Sunday, or any time after sunset and before sunrise
on any other day.
B.
No person shall allow, on any land in the Township he owns or possesses,
whether singly or jointly with another person or persons, the open
burning of any material any time on any Sunday, or any time after
sunset and before sunrise on any other day.
C.
The provisions of this section of this chapter shall not apply to
any fire set solely for recreational or ceremonial purposes, or solely
for cooking food.
D.
No person shall ignite or shall permit to be ignited, on any land
in the Township such material as tires, roofing materials, construction
or demolition waste, furniture, wet garbage or similar substances.
E.
Any burning shall be supervised by a responsible adult in close proximate
attendance until such fire is extinguished. This person shall have
a garden hose connected to a water supply, or other fire-extinguishing
equipment or materials readily available for use.
F.
Burning not done in a substantial container should be called in to
York County Control 911 so the local Fire Departments will have advance
notice of the burning.
G.
No burning shall take place within 30 feet of a structure or a property
line.
When deemed necessary, the Eastern York County Emergency Management
Agency (EYCEMA), the Fire Chief or other designated authority may
prohibit open or controlled burning.
The provisions of this chapter shall be enforced by the Lower
Windsor Township Police.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who fails to comply with any of the provisions of
this chapter shall be guilty of a summary offense and, upon conviction,
shall pay a fine to the Township of not more than $1,000 plus costs
of prosecution. In default of such payment, such person shall be sentenced
and committed to the county jail for a period of time not to exceed
90 days. Each violation of this chapter shall constitute a separate
offense.
In addition to the above penalties, all other actions are reserved
including an action in equity for the proper enforcement of this chapter.
Lower Windsor Township is empowered to proceed with an action in equity
to assure compliance with the provisions of this chapter, and is empowered
to take any reasonable action to abate said prohibited activity. Any
costs, including court costs and reasonable attorney's fees, incurred
in such a proceeding shall be assessed against the violator.
When provisions of this chapter impose greater restrictions
than those any federal or state statute, or any federal or state regulation,
the provisions on this chapter shall prevail. When provisions of any
federal or state statute, or federal or state regulation, impose greater
restrictions than those of this chapter, the provisions of such statute
or regulation shall prevail. Nothing in this chapter shall prevent
the Township from enforcing the Air Pollution Control Act, 35 P.S.
§ 4001 et seq., as amended, as provided by that Act.
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this chapter,
which shall remain in full force and effect, and for this purpose
the provisions of the chapter are hereby declared to be severable.
It is hereby declared as a legislative intent that this chapter would
have been enacted had that unconstitutional, illegal, or otherwise
invalid provision not been included in the chapter.
Ordinance No. 89-2 referred to as the "Lower Windsor Township
Open Burning Ordinance" and Ordinance Nos. 93-3 and 94-7 referred
to as the "Lower Windsor Township Air Pollution Ordinance" are hereby
repealed. Any part of any other ordinance inconsistent with the provisions
of this chapter is hereby repealed to the extent of such inconsistency.
This chapter shall be effective five days after date of enactment
as provided by law.
