[Adopted 8-2-1988 by Ord.
No. 1988-4]
The Board of Supervisors, may upon their own motion or upon
advice of the Township Fire Chief and/or Chief of Police, place a
ban upon all outdoor burning of brush, debris, garbage or refuse of
any kind throughout the Township, providing the Board of Supervisors
first makes a determination that such burning constitutes a hazard
or threat to the community. Said restrictions are to be of a temporary
nature, and shall extend for a period of no longer than 120 days unless
extended by further action of the Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Adopted 12-3-2013 by Ord. No. 2013-09]
This article shall be known and cited as the "Moore Township
Burning Ordinance."
It is against public policy to permit uncontrolled and unrestricted
outdoor burning. The purpose of this article is to prevent needless
public damage to life and property because of public and private nuisances
caused by outdoor fires deliberately or carelessly set and maintained.
For the purposes of this article, the following words and terms
shall have the meanings ascribed to them herein:
CONTAINED FIRE
Any fire contained in an incinerator, fireplace or cooking
grill or other contained enclosure designed for outdoor cooking, or
a fireproof container.
ENFORCEMENT OFFICER
The Moore Township Police Department or Chief of the Klecknersville
Rangers Fire Company ("Fire Chief") (and/or Chief's duly appointed
agent) shall be designated enforcement officers under this article.
FIRE
Any fire set or maintained outside of a building.
PERSON
Any individual, partnership, organization, association, agency,
firm, estate, or corporation and any other legal or commercial entity.
RESPONSIBLE ADULT
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.
The provisions of this article shall be severable, and if any
provision hereof shall be declared unconstitutional, illegal or invalid,
such decision shall not affect the validity of any of the remaining
provisions of this article. It is hereby declared as a legislative
intent of the Township that this article would have been amended as
if such unconstitutional, illegal or invalid provision or provisions
had not been included herein.
All ordinances or parts of ordinances conflicting or inconsistent
with the provisions of this article, including but not limited to
Ordinance No. 1997-2, are hereby repealed.
This article shall become effective five days after enactment.