Whereas the Board of Supervisors of East Bradford Township has
determined that air pollution from certain Burning activities may
be detrimental to the health, comfort, living conditions, welfare,
and safety of the citizens of East Bradford Township, it is hereby
declared to be the policy of East Bradford Township to safeguard the
citizens of the Township from such air pollution.
As used in this chapter, the following words, terms, and phrases,
shall have the following meanings ascribed to them:
AIR CURTAIN DESTRUCTOR
A mechanical device which forcefully projects a curtain of
air across a pit in which Open Burning is being conducted so that
combustion efficiency is increased and smoke and other particulate
matter are contained.
BOARD
The Board of Supervisors of East Bradford Township.
BURNING
The act of consuming by fire; to flame, char, scorch or blaze.
As used in this chapter, "smoldering" shall have the same meaning
as "Burning" and any smoldering shall be deemed a Burning.
CLEARING AND GRUBBING WASTES
Trees, shrubs, and other vegetation which are cleared from
land during or prior to the process of construction. The term does
not include demolition wastes and dirt laden roots.
CONTROLLED FIRE
A fire kindled for the purpose of recognized silviculture,
range or wildlife management or the control of disease and/or pests.
FIRE CODE OFFICIAL
A Township Fire Marshal, Township Code Enforcement Officer
or Township Zoning Officer entrusted with the enforcement of the Code
of the Township of East Bradford, as well as, but not limited to,
any firefighter, police officer, or other Township personnel as may
be designated and/or deputized by the Township Board of Supervisors.
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. Open Burning does not include:
(i) road flares; (ii) smudge-pots and similar devices associated with
safety or occupational uses typically considered open flames; or (iii)
Recreational Fires or use of Portable Outdoor Fireplaces. For the
purpose of this definition, a chamber shall be regarded as enclosed
when, during the time combustion occurs, only apertures, ducts, stacks,
flues or chimneys necessary to provide combustion air and permit the
escape of exhaust gas are open.
PERSON
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the Commonwealth or the Federal
Government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
PORTABLE OUTDOOR FIREPLACE
A portable, outdoor, solid-fuel-Burning fireplace that may
be constructed of steel, concrete, clay or other noncombustible material.
A Portable Outdoor Fireplace may be open in design, or may be equipped
with a small hearth opening and a short chimney or chimney opening
in the top.
RECREATIONAL FIRE
An outdoor fire Burning materials other than Rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, Portable Outdoor Fireplace, barbeque grill or barbeque
pit, and has a total fuel area of three feet or less in diameter and
two feet or less in height, for pleasure, religious, ceremonial, cooking,
warmth or similar purposes.
RED FLAG WARNING
A short-term, temporary warning issued by the Pennsylvania
Department of Conservation and Natural Resources indicating the presence
of dangerous combinations of temperature, wind, relative humidity,
and fuel conditions which can contribute to the rapid spread of new
or existing wildfires.
[Added 3-8-2022 by Ord. No. 01-2022]
RUBBISH
Waste material; refuse or litter. This definition shall include,
but not be limited to, garbage, tires, tar products, and Yard Waste.
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
A violation of this chapter or of any order issued by the Township under this chapter shall constitute a public nuisance. The Township shall have the authority to order any Person causing a public nuisance to abate the public nuisance. The public nuisance may be enforced by the Township under this chapter (Chapter
76 "Open Burning") and/or Chapter
73 ("Nuisances"). In addition, when abating a public nuisance, the Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in §
76-5B of this chapter. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any Person who causes the public nuisance shall be liable for the cost of abatement.