[HISTORY: Adopted by the Board of Supervisors of the Township
of Sadsbury 5-4-1981 by Ord. No.
1981-1. Amendments noted where applicable.]
The Fire Chief of any fire company having first-call jurisdiction
over any lands lying within the Township of Sadsbury may declare all
such areas of first-call jurisdiction or appropriate portions thereof
to be subject to a fire risk emergency.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A fire risk emergency shall be deemed to exist upon the Fire
Chief's notification to the Township Secretary or Manager that such
an emergency has been declared and the Township website having been
updated to reflect the existence of a fire risk emergency.
The power to declare a fire risk emergency may be exercised
when and only when the Fire Chief determines that by reason of drought
or any other cause an unreasonable risk of creation or spread of fires
exists if outdoor burning is permitted.
Upon such declaration of fire risk emergency and the giving of notice by the Fire Chief as herein required, no person shall commence or maintain any outdoor fires within the area encompassed by such notice except in strict accordance with the regulations promulgated pursuant to the authority granted in § 71-6 hereof and upon the issuance and during the period of validity of a permit issued by such Fire Chief therefor.
The Fire Chiefs having first-call jurisdiction within Sadsbury
Township are authorized and directed to prepare and submit to the
Board of Supervisors of Sadsbury Township proposed regulations for
the promulgation of declarations of fire risk emergencies and for
the issuance of outdoor burning permits and for the lighting and control
and extinguishment of outdoor fires and for the giving of notice of
any such operations to the Fire Chief. The regulations shall also
govern the hours and places where such burning shall be permitted
pursuant to any permit issued. Any such regulations so promulgated
shall be submitted to the Board of Supervisors, which may enact the
same by resolution, and said resolution and the regulations promulgated
thereunder may be from time to time amended or repealed by resolution.
No commercial or industrial burning shall be conducted within
Sadsbury Township, whether or not there exists a fire risk emergency,
unless the same is conducted in strict compliance and in accordance
with regulations promulgated and by resolution adopted by the Board
of Supervisors of Sadsbury Township. Such regulations shall, prior
to adoption, be approved by the Fire Chiefs of fire companies having
first-call jurisdiction within Sadsbury Township, and shall also be
submitted for review to the Department of Environmental Protection
and the Chester County Department of Health for appropriate comment
and recommendation.
[Amended by Ord. No. 1996-2; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
Any person violating the provisions of this chapter or any regulation
promulgated hereunder or violating the terms of any permit issued
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 chapter that is violated shall also
constitute a separate offense.
This chapter shall become effective immediately upon enactment
and, to the extent the same is subject to implementation only upon
adoption of the resolution and regulations authorized hereunder, shall
become effective only upon adoption by the Board of Supervisors of
Sadsbury Township of such regulations and resolution.
