The purpose of this article is to provide guidance and limitations on open burning within Washington Township during periods of dry weather conditions when such burning may be hazardous to the health, welfare, safety and property of the citizens of Washington Township.
[HISTORY: Adopted by the Board of Supervisors of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2025 by Ord. No. 297[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Dry Weather Conditions, adopted 9-4-2002 by Ord. No. 159, as amended.
Unless the context specifically and clearly indicates to the contrary, the meaning of the terms used in this article shall be as follows:
The Emergency Management Coordinator (or, in their absence, the assistant Emergency Management Coordinator) appointed by the Washington Township Supervisors for Washington Township.
The Fire Chief of the Blue Ridge Mountain Fire & Rescue Squad, the Waynesboro Fire Department, the Waynesboro Volunteer Fire Department, or the fire chief of any other fire department providing significant coverage to Washington Township.
Any combustible or explosive composition, or any substance or combination of substances, which is intended to produce visible or audible effects through combustion, including ground and hand-held sparkling devices.
Any enclosed device specifically designed for the burning of any material for the production of heat.
Any device specifically designed for the destruction of burning of refuse, sewage sludge or any other combustible material within an enclosed container.
The outdoor ignition and subsequent burning of any fireworks, or any combustible material out-of-doors in either a burn barrel (screened or unscreened), fire rings, or on the ground. The use of propane or gas stoves, charcoal grills, burning in a furnace or incinerator, or use of tobacco in any form is not included under this definition.
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.
A.
During dry weather conditions in which open burning could be hazardous to the health, welfare and safety of the citizens of Washington Township and their property, the Township Manager (or, in their absence, the Chairman of the Board of Supervisors) shall consult with the Emergency Management Coordinator and a Fire Chief or their representative. Upon receiving a favorable recommendation for an open burning ban, the Township Manager may declare an open burning ban in Washington Township.
B.
The ban will become effective 24 hours after public notice is provided in a newspaper of general circulation within Washington Township and by posting notice of the decision at the Washington Township Municipal Office building.
C.
When a ban on open burning is declared, all open burning within the Township shall be prohibited until such time as the open burning ban is terminated, except to the extent allowed by state law.
D.
When it is determined that the dry weather condition no longer exists, the Township Manager (or, in their absence, the Chairman of the Board of Supervisors) shall publish a notice in a newspaper of general circulation within Washington Township and shall post notice at the Washington Township Municipal Building that the ban on open burning has been terminated.
E.
The Washington Township Board of Supervisors shall be informed of the decisions to declare an open burning ban and to terminate the ban at their next regularly scheduled meeting.
During periods when the open burning ban is in effect, no person shall start or maintain an open fire for any purpose without the approval of the Township, except to the extent allowed by state law. Approval of the Township may be obtained by written application to the Township setting forth what is to be burned, the location of the proposed open burning, safeguards to insure that the burning will be properly contained and the availability of usable water supply in the vicinity of the burn to terminate the burn and to prevent its unintended spread. The granting of such approval shall be at the sole discretion of the Township, which may consult with Fire Chief(s) regarding the request. In the event permission is granted in response to any such application, the applicant shall be solely responsible for any damage that might be caused as a result of the burning activity.
Any violation of this article shall constitute a summary offense. Any person who violates or permits a violation of this article 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 article that is violated shall also constitute a separate offense. The minimum fine to be imposed is $50 per day or portion thereof for a first offense; $100 per day or portion thereof for a second offense and $500 per day or portion thereof for each subsequent offense. The Magisterial District Judge may impose a fine of more than the minimum amounts set forth above.
In addition to constituting a summary offense, any violation of this article shall also constitute a nuisance and may be abated by Washington Township either by seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of general jurisdiction, in addition to any other remedies.