[Adopted 9-4-2002 by Ord. No. 159]
This article shall be known as the "Washington
Township Open Burning Ban Ordinance."
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.
Unless the context specifically and clearly
indicates to the contrary, the meaning of the terms used in this article
shall be as follows:
BOARD
The Board of Supervisors of Washington Township.
FURNACE
Shall have reference to any enclosed device specifically
designed for the burning of any material for the production of heat.
INCINERATOR
Shall have reference to any device specifically designed
for the destruction of burning of refuse, sewage sludge or any other
combustible material within an enclosed container.
EMERGENCY MANAGEMENT COORDINATOR
The Emergency Management Coordinator or assistant Emergency
Management Coordinator (in the Emergency Management Coordinator's
absence) appointed by the Washington Township Supervisors for Washington
Township.
FIRE CHIEFS
The Fire Chief of the Blue Ridge Mountain Fire & Rescue
Squad and the Waynesboro Fire Department.
OPEN BURNING or OPEN FIRE
Ignition and subsequent burning of 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 covered under this definition.
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.
TOWNSHIP MANAGER
The Manager of Washington Township appointed by the Washington
Township Supervisors at their reorganization meeting annually.
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. 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. 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 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 any other remedies provided in
this article, any violation hereof shall 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 common jurisdiction.