This chapter shall be known and may be cited as the "Mount Joy
Township Outdoor Burning Ordinance."
It is against public policy to permit uncontrolled and unrestricted
outdoor burning. The purpose of this chapter is to prevent needless
damage to life and property because of public and private nuisances
caused by outdoor fires deliberately or carelessly set and maintained.
For the purpose of this chapter, the following words and terms
shall have the meanings ascribed to them herein:
BONFIRE
An outdoor controlled burning that is greater than five feet
across typically used for a celebration or a large outdoor event.
BURNING PIT
A pit with masonry walls or other nonflammable material which
is not greater than three feet in diameter and more than two feet
in height and is covered by a wire mesh with openings of two inches
or less when in use.
CAMPFIRE
An outdoor controlled fire that less than five feet across
and not confined to a fireproof container. A campfire is intended
for purposes like heating, cooking, deterring insects and light.
CONTAINED FIRE
Any fire contained in an incinerator, fireplace or cooking
grill or other contained enclosure designed for outdoor cooking or
a fireproof container.
CONTROLLED FIRE
A fire with adult supervision and surrounded by a noncombustible
barrier.
DOMESTIC WASTE
Waste which is generated from the normal occupancy of a structure
occupied solely as a dwelling. The term does not include appliances,
carpets, demolition waste, furniture, mattresses or box springs, paint,
putrescible waste, solvents, tires, or treated wood.
ENFORCEMENT OFFICER
Any person appointed by the Board of Supervisors to administer
and enforce the provisions of this chapter.
FIRE COMPANY
The Elizabethtown Friendship Fire Engine and Hose Company
No. 1 of Elizabethtown, also known as "Friendship Fire Department
of Elizabethtown"; Fire Department Mount Joy; Mastersonville Volunteer
Fire Company; or Rheems Fire Company, also known as "Rheems Fire Department."
HAZARDOUS WASTE
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
or contained gaseous material resulting from municipal, commercial,
industrial, institutional, mining, or agricultural operations and
from community activities, or any combination from the above which,
because of its quantity, concentration, or physical, chemical, or
infectious characteristics, may:
A.
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the population;
or
B.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed as defined by Section 103 of the Solid Waste
Management Act, 35 P.S. § 6018.101 et seq.
OPEN BURNING
The burning of materials wherein the products of combustion
are emitted directly into the ambient air.
OUTDOOR FIRE
Any fire set or maintained outside of a building.
PERSON
Any individual, partnership, organization, association, agency,
firm, estate, corporation or any other legally recognized entity.
POLICE DEPARTMENT
The Northwest Regional Lancaster County Police Department
or any successor municipal or multi-municipal police department having
jurisdiction within the corporate boundaries of the Township.
RECREATIONAL FIRES
A contained and controlled outdoor fire used for the purpose
of cooking food or for an ambient heat source. Recreational fires
shall include an outdoor fireplace, cooking grill, fire-bowl, chimenea,
burning pit, or other similar-type heating unit. A burn barrel shall
not be an acceptable container for a recreational fire.
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.
WOODY YARD WASTE
Includes brush, shrubs, sod, grass clippings, garden residue,
twigs, leaves, branches and tree limbs.
It shall be unlawful for any person or persons, either directly
or indirectly, to kindle or maintain any fire or authorize or permit
any fire to be kindled or maintained on any public road, street, alley,
sidewalk or land that is owned by the Township or that is considered
common open space or parkland within a residential subdivision.
It is a violation of this chapter for any person to allow any
fire to burn under adverse weather conditions or unsupervised or otherwise
in an unsafe manner or as an uncontrolled fire. Any person on a property
where a fire is burning under adverse weather conditions, unsupervised
or otherwise in an unsafe manner, as an uncontrolled fire or otherwise
in violation of this chapter shall extinguish such outdoor fire immediately
upon request of an enforcement officer, police officer or any member
of a fire company which has been called to the property. Failure to
extinguish a fire upon such a request is a violation of this chapter.
If no person is on such property or if such person refuses to extinguish
the fire upon request of an enforcement officer, police officer or
firefighter, the enforcement officer, police officer or firefighter
may take all appropriate action to extinguish the fire.
In an attempt to reduce unnecessary fire calls, the Township
and the fire company providing first due response to the property
shall be notified of an open burning other than recreational fires
at least one day prior to the event.
This chapter may be enforced by the enforcement officer or by
any police officer. Any person who violates any provisions of this
chapter, upon conviction thereof by summary proceedings, shall be
sentenced to pay a fine of not less than $200 nor more than $1,000
plus costs of prosecution for the first such conviction and no less
than $300 nor more than $1,000 plus costs of prosecution for the second
or subsequent violation.
No penalty herein shall prevent the Township from enforcing
this chapter by equitable, injunctive and other remedies.
The Township and its agents, officials and representatives shall
not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the provisions of this
chapter, or by reason of the conduct of any burning activity in compliance
with the terms and provisions of this chapter. The individual person
responsible for any such fire shall bear sole liability for any damages
caused as a result thereof.