[HISTORY: Adopted by the Board of Supervisors of the Township of Weisenberg 2-14-2011 by Ord. No. 11-1. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Weisenberg Township Burn Ordinance."
It is against public policy to permit irresponsible, careless, uncontrolled and unrestricted outdoor burning. The purpose of this chapter is to prevent damage to life and property which occur as a result of irresponsible, careless, uncontrolled and unrestricted outdoor burning.
As used in this chapter, the following terms shall have the meanings indicated:
CONTAINED FIRE
Any fire that is contained in an incinerator, burn barrel, fireplace, cooking grill or other contained enclosure designed for outdoor cooking or heating purposes or a fireplace container.
ENFORCEMENT OFFICER
The Fire Chief of the Weisenberg Volunteer Fire Department, any officer of the Weisenberg Volunteer Fire Department, and the Weisenberg Township Code Enforcement official shall be designated as enforcement officers pursuant to this chapter.
OPEN FIRE
Any fire other than a fire inside a building or structure and a contained fire.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
Open fires are generally permitted subject to the following restrictions:
A. 
The open fire must be attended at all times by a person over the age of 18, the site of the fire shall be controlled as to prevent endangerment to property or person, and the site of the fire shall not exceed 400 square feet.
B. 
It shall be unlawful for any person to burn, ignite or feed any open fire without providing Lehigh County Communications (610-437-5252)[1] with notice prior to igniting said fire.
[1]
Editor's Note: This is the telephone number for Lehigh County Communications as of the date that this chapter was enacted.
C. 
It shall be unlawful for any person to burn, ignite or feed any open fire on lots that are less than one acre in size.
D. 
It shall be unlawful for any person to burn, ignite or feed any open fire between the hours of 11:00 p.m. and 6:00 a.m.
E. 
It shall be unlawful for any person to burn, ignite or feed any open fire less than 20 feet from any building, structure, dwelling and/or aboveground utility line.
F. 
It shall be unlawful for any person to burn, ignite or feed any open fire less than 100 feet from any right-of-way or property boundary line.
G. 
It shall be unlawful for any person to burn, ignite or feed any open fire whenever draught or extreme weather conditions exist or when a ban on burning has been instituted by the Commonwealth of Pennsylvania. Notice of such restriction shall be posted at the Weisenberg Volunteer Fire Department and the Township Building.
H. 
It shall be unlawful for any person to burn, ignite or feed any open fire any materials which create noxious or objectionable emissions, or any materials that are prohibited by state and/or federal regulations, including, but not limited to:
(1) 
Tires or other rubber products;
(2) 
Roof shingles or other roofing materials;
(3) 
Treated wood;
(4) 
Electrical wire insulations;
(5) 
Fiberglass and home insulation;
(6) 
Plastic and vinyl products;
(7) 
Asbestos containing materials;
(8) 
Paint, oil and petroleum products;
(9) 
Painted or stained wood furniture;
(10) 
Mattresses, box springs and/or other home furnishings;
(11) 
Any metal objects;
(12) 
Television sets or appliances;
(13) 
Automobiles or automobile parts, including batteries;
(14) 
Diapers;
(15) 
Human and animal wastes;
(16) 
Animal hides, furs or skins;
(17) 
Dirt laden roots or tree stumps;
(18) 
Rubbish or garbage; and/or
(19) 
Recyclable material.
It shall be unlawful to burn, ignite, incinerate, maintain or permit to burn any open fire, of whatever nature, without complying with this chapter.
The enforcement officer may extinguish or direct any property owner or person in charge of an open fire to immediately extinguish said open fire if the open fire is in violation of this chapter and is deemed a threat to the safety of persons and property by the enforcement officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter 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.
Weisenberg 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 any burning activity in compliance with this chapter. The person responsible for any such fire shall bear sole liability for any damages caused as a result thereof.