[HISTORY: Adopted by the Board of Supervisors
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[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:
The Board of Supervisors of Washington Township.
Shall have reference to any enclosed device specifically
designed for the burning of any material for the production of heat.
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.
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.
The Fire Chief of the Blue Ridge Mountain Fire & Rescue
Squad and the Waynesboro Fire Department.
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.
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.
The Manager of Washington Township appointed by the Washington
Township Supervisors at their reorganization meeting annually.
A.Â
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
the Chairman of the Board of Supervisors in his absence, after consulting
with the Fire Chiefs or their representative and receiving a favorable
recommendation for an open burning ban from the Township's Emergency
Management Coordinator, may declare an open burning ban in Washington
Township 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.
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.
B.Â
When it is determined that the dry weather condition
no longer exists, the Township Manager, or the Chairman of the Board
of Supervisors in his absence, shall publish a notice in a newspaper
of general circulation within Washington Township and shall post notice
at the Washington Township Municipal office building that the ban
on open burning has been terminated.
C.Â
The Township Manager, or the Chairman of the Board
of Supervisors in his absence, shall notify the Washington Township
Board of Supervisors of the decision to declare an open burning ban
and when the ban is terminated at their next regular 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. 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.
