[Ord. No. 1-2023, 6/8/2023][1]
This Part shall be known and cited as the "Canton Township Burning
Ordinance."
[1]
Editor's Note: This ordinance also superseded former Ch. 7,
Part 1, Burning, adopted by Ord. No. 9-2011, 11/10/2011, as amended.
[Ord. No. 1-2023, 6/8/2023]
The purpose of this Part is to provide for greater control and
more effective regulation of excessive levels of smoke, air pollution
and sources of excessive smoke within the Township. It is the opinion
of the Board of Supervisors and the Township Code Enforcement Officer
that excess levels of smoke and air pollution are detrimental to the
physical, mental, and social well-being of its residents as well as
to the comfort, living conditions, general welfare and safety thereof.
[Ord. No. 1-2023, 6/8/2023]
As used in this Part, the following terms shall have the meanings
indicated:
Used steel drums formerly containing oil, grease, chemicals,
or other products typically available in fifty-five-gallon size.
A written, signed notice from Canton Township authorizing
a specific burning.
Any fire contained in a fireplace or other contained enclosure
designed for outdoor cooking. Every contained fire shall be built
in and confined to a noncombustible contained covered with a screen
of 1/2 inch or smaller mesh, or with other suitable noncombustible
cover.
Any fire not included in the definition of "contained fire"
and under reasonable control of a competent adult.
Any enclosed device specifically designed for burning any
material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking, and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge, or any combustible material.
Leaves normally gathered by raking, vacuuming, blowing, or
other methods that have fallen from trees due to seasonal change or
death of a tree.
A fire in which any material is burned in the open or in
a receptacle other than a furnace, incinerator or noncombustible container
as described under the "contained fire" definition.
Any individual, partnership, association, corporation, department,
bureau, agency, or legal entity.
Any fire used in connection with camping, cooking, picnicking,
or other commonly accepted recreational activity shall not include
the mere burning of logs, trees, lumber, or other such materials.
Recreational fires must be clearly used for said purpose at the time
of observation and may only be kindled with seasoned wood, charcoal,
or other manmade material expressly for us in recreational fires.
Garbage, rubbish and trade waste.
An individual 18 years of age, 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.
Solids or liquids not considered to be highly flammable or
explosive, including but not limited to, rags, old clothes, leather,
rubber, carpets, excelsior, ashes, furniture, tin cans, used oil,
glass, crockery, masonry, plastics, recyclable items, and other similar
items.
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
Township of Canton Township, Washington County, Pennsylvania.
All solid or liquid material or rubbish resulting from construction,
building operations, or the prosecution of any business, trade or
industry, including but not limited to, plastic products, cartons,
paint, grease, oil, and other petroleum products, chemicals, cinders
and other forms of solid or liquid waste materials; provided, that
trade waste shall not include any coal refuse associated with mining
or preparation of coal.
Leaves (still on the branch), garden residue, tree and shrubbery
trimmings and similar materials including grass clippings.
[Ord. No. 1-2023, 6/8/2023]
1.
Burning permits for controlled fires must be obtained by contacting
Canton Township at its office, 1265 W. Chestnut Street, Washington,
PA 15301. Fees for such burning permits will be limited to costs of
issuance and will be set periodically by the Canton Township Board
of Supervisors.
2.
No person shall ignite or contribute to an open fire in the conduct
of a salvage operation in any public or private place.
3.
No person shall ignite or contribute to an open fire of refuse, garbage,
rubbish, leaves and/or grass.
4.
Open fires of tree limbs and branches shall be allowed within the
Township only on Tuesday and Thursday between the hours of 10:00 a.m.
and 7:00 p.m. EST and on Saturdays between 10:00 a.m. and 5:00 p.m.
EST. Open fires set forth herein shall be contained in a fire ring
made of noncombustible material such as iron, steel, masonry, or stone,
which is no higher than two feet and which is constructed to provide
adequate air flow to the fire.
5.
Open fires as set forth in § 7-104 shall not be permitted during holidays (i.e., Christmas, Thanksgiving, etc.).
6.
No person shall cause, suffer, allow, or permit the maintenance of
any fire during days considered high wind days.
7.
All fires shall be attended to at all times by a responsible adult
with readily available means of extinguishing the fire. A water hose,
buckets and/or sprinkling cans shall be proximal to the fire for purposes
of controlling the same.
[Ord. No. 1-2023, 6/8/2023]
1.
Open fires may be set for recreational purposes pursuant to the following
specific conditions:
A.
Only wood shall be burned, and no excessive smoke is allowed.
B.
Recreational fires shall be contained in a pit made of noncombustible
material such as iron, steel, masonry, or stone. Said fire pit must
be located not closer than 25 feet to any structure not owned by the
property owner. A recreational fire pit shall be no more than two
feet high and four feet wide.
C.
A water hose and/or buckets/sprinkling cans shall be proximal to
the recreational fire for purposes of controlling the same.
D.
No recreational fire is allowed to be left unattended.
E.
In cases where smoke and/or hot ashes blow directly into windows
and/or roofs of adjacent homes, smoke shall be cleared or fire extinguished.
2.
Recreational fires shall be extinguished thoroughly before leaving
the area or at 11:00 p.m.
3.
Only grilles that are fueled by wood, charcoal, liquid propane gas
and/or natural gas are permitted for the purposes of preparing food.
[Ord. No. 1-2023, 6/8/2023]
Burning for commercial purposes is permitted only where the
business is authorized by and possesses a valid Pennsylvania DEP permit
for said burning.
[Ord. No. 1-2023, 6/8/2023]
In agricultural zones and in agricultural uses regardless of
zone, burning consistent with normal agricultural operation (see PA
Act 133, Right to Farm) shall be excluded from regulation.
[Ord. No. 1-2023, 6/8/2023]
1.
Burning of rubbish, garbage/refuse, leaves, grass clippings, construction
debris, aerosol cans, by-products of manufacturing and processing
operations and wastes from commercial operations is strictly prohibited.
2.
Nothing herein shall be construed to permit or encourage the burning
of any substance determined by the Commonwealth of Pennsylvania or
the United States Environmental Protection Agency to be a hazardous
substance; nor shall any fire be permitted to burn by any persons
if such burning is in violation of the Air Pollution Control Act[1] or other legislation by the Commonwealth of Pennsylvania
or the United States of America or any of their legislative agencies.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
[Ord. No. 1-2023, 6/8/2023]
1.
The Board of Supervisors, Code Enforcement Officer, Washington County
Emergency Management and/or Commonwealth Regulatory Official may declare
a fire ban emergency in Canton Township with or without consultation
with the fire chief of the local volunteer fire company operating
within the Township during a period of drought, or other periods of
high fire risk to woodlands or property within Canton Township.
2.
Upon the Board of Supervisors declaration of a fire ban emergency,
all outdoor burning or fires shall be prohibited until the ban is
lifted by the Board of Supervisors.
3.
The Township shall publish a notice of the fire ban emergency at
least once in a local newspaper of general circulation. In addition,
the Township may issue news releases to all communication media, including
radio, television, and newspapers.
[Ord. No. 1-2023, 6/8/2023]
The Board of Supervisors shall appoint the Code Enforcement
Officer who shall have the power to enforce the provisions of this
Part.
[Ord. No. 1-2023, 6/8/2023]
1.
It shall be unlawful to burn, ignite, incinerate, maintain, or otherwise
permit the burning of any materials whatsoever without complying with
the requirements of this Part.
2.
Any person who shall violate any of the provisions of this Part shall,
upon conviction in a summary proceeding brought in the name of the
Township, before a Magisterial District Judge in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, be sentenced to pay a fine of not more than
$300 per occurrence, and the costs of prosecution, and in default
of payment, to imprisonment for a term of not to exceed 90 days, provided
that each day's violation of any of the provisions of this Part shall
constitute a separate offense.
[Ord. No. 1-2023, 6/8/2023]
1.
In the case of a fire requiring firefighters and/or equipment and
upon conviction of any violation of this Part, the violator shall
also pay charges in order to cover the firefighting costs. Charges
shall be assessed for the use of the following firefighting equipment:
2.
Additional labor charges shall be assessed under this Part based
upon an hourly rate for all firemen engaged in the firefighting activities,
if applicable.
3.
The Board of Supervisors shall determine, by resolution, a reasonable
schedule of costs based upon mileage, operating costs, and firefighting
equipment and man hours. These charges shall be in addition to and
not in lieu of any penalties provided elsewhere in this Part.
[Ord. No. 1-2023, 6/8/2023]
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
[Ord. No. 1-2023, 6/8/2023]
If any sentence, clause, section, or part of this Part is for
any reason found to be unconstitutional, illegal, or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors that this Part would have been adopted had such
unconstitutional, illegal, or invalid sentence, clause, section or
part thereof not been included herein.
[Ord. No. 1-2023, 6/8/2023]
The Board of Supervisors, 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 issuance of any
permit under the provisions of this Part, or by reason of the conduct
of any burning activity in compliance or noncompliance with the terms
and provisions hereof. The person, persons, company or companies responsible
for any such fire and the permit holder shall bear sole liability
for any damage caused as a result thereof.
[Ord. No. 1-2023, 6/8/2023]
This Part shall be effective upon passage or as otherwise provided
by law.
