[HISTORY: Adopted by the Board of Supervisors of the Township of Marshall 2-4-2011 by Ord. No. 405. Amendments noted where applicable.]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
OPEN BURNING
Any fire or combustion from which air contaminant pass directly into the open air without passing through a flue.
PERSON
Any individual, partnership, organization, association, agency, firm, estate, company, trust, corporation, department, bureau or other legal or commercial entity.
REGULATED OPEN FIRE
Any open burning, excluding small open fires.
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.
SMALL OPEN FIRE
A fire contained in a small open fire receptacle that burns charcoal, natural gas, or other clean-burning fuels such as dry and clean logs, twigs, or other wood products.
SMALL OPEN FIRE RECEPTACLE
A grill, outdoor barbeque, fireplace or fire ring, drum, or pit enclosed by a non-combustible perimeter.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including, but limited to, portable storage units.
A. 
No person shall conduct, or allow to be conducted, open burning of any material within the Township, except (1) where the burning is a regulated open fire and Township has issued an open burning permit in accordance with this Chapter or (2) the burning is a small open fire contained within a small open fire receptacle as provided herein.
B. 
All open burning in the Township shall be tended by a responsible adult at all times.
C. 
Painted or chemically treated woods, plastics, cardboard boxes, paper, household wastes, or toxic or noxious materials, cloth, leaves, green yard waste or other materials that tend to cause excessive emissions or excessive smoke may not be used to start or maintain an open fire in the Township. Also, a fire shall not be burned that creates excessive smoke, excessive odor, or malodorous emissions.
D. 
Only an adult property owner or other responsible adult authorized by the property owner may burn or cause to be burned an open fire in the Township; such person must be present at all times to tend to the fire from ignition through extinguishment. In addition, adequate means to control and extinguish the fire must be readily available at all times during the burning, and suitable covering or means of disposal of ashes must be provided to prevent them from becoming airborne.
E. 
Unless otherwise provided herein, open fires shall be located a minimum of 15 feet from the nearest structure, roadway, utility, property line, trees or other combustible materials.
F. 
Immediately upon the discovery of any prohibited open burning in the Township, the person responsible for the property on which such burning occurs shall immediately extinguish, or cause the extinguishment of, such burning.
G. 
Proof that the defendant in any enforcement action owns or controls the property on which open burning occurs shall be prima facie evidence that such defendant has conducted, or allowed to be conducted, such open burning.
H. 
An approved Township open burning permit and, where necessary, an approved Allegheny County Department of Health open burning permit, shall be in the possession of the applicant or an authorized representative at the site of the permitted open burning at all times during said open burning and shall be available for inspection upon request by any Township personnel, law enforcement officer, or fire protection officer.
I. 
The Fire Marshal, or his or her designee, and any police officer or other duly authorized law enforcement officer of the Township may, upon investigation, order that any fire be immediately extinguished, abated, diminished, or corrected (in his or her sole discretion) if, in the Fire Marshal's, his or her designee's, or the officer's sole judgment, the fire: is emitting excessive smoke, excessive odor or malodorous emissions; contains prohibited materials or is using a prohibited containment device; is in a prohibited location or size; or is emitting sparks or hot ashes that may pose a fire threat to the Township and its residents.
J. 
This chapter shall not allow or permit any open burning which would not otherwise be allowed or permitted under any applicable Township ordinance, or County or local fire code.
A. 
Permit not required. A Township open burning permit is not required for a small open fire maintained for the purposes of non-commercial preparation of food for human consumption, light, ornament or recreation.
B. 
Permitted locations. Any small open fire shall be a minimum of eight feet from the nearest roadway, utility or property line.
C. 
Maximum size. In no case may the combustible material and flame of a small open fire be greater than three feet in diameter or two feet in height.
A. 
Any person who violates a provision of this Chapter shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus costs, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses.
B. 
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this Chapter found to have been violated. All fines and penalties for the violation of this Chapter shall be paid to the Township Treasurer.
C. 
In addition to all other remedies or penalties, the Township may institute legal proceedings at law or in equity to prevent, restrain, correct, enjoin, or abate violations of this Chapter.