[HISTORY: Adopted by the Board of Supervisors of the Township of
Kidder 9-14-1982 by Ord. No. 4. Amendments
noted where applicable.]
This chapter shall be known as the “Burning Ordinance of the Township
of Kidder.”
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any outdoor fire set in and confined to a noncombustible
container covered with a noncombustible screen of 1/2 inch or smaller mesh
or with other noncombustible covering, and located more than 15 feet from
all structures, property lines and other combustible materials.
Any garbage, refuse or other waste resulting from the operation of
residential, municipal, commercial or institutional establishments, including
the following: cardboard, paper, building materials.
[Added 10-20-2005 by Ord. No. 122]
Any outdoor fire which is not a "closed container fire," as defined
above. See "recreational fire."
[Amended 10-20-2005 by Ord. No. 122]
Includes any natural person, partnership, association, firm or corporation.
The singular shall include the plural and the masculine shall include the
feminine and neuter.
An outdoor fire which is used for relaxation, pleasure, religious
or ceremonial purposes or to cook food for human consumption. Recreational
fires may not exceed nine square feet in base area and two feet in height.
[Added 10-20-2005 by Ord. No. 122]
Items and materials that are identified as part of the county recycling
program, i.e., paper, cardboard, glass, plastic, etc., or precluded by state
law.
[Added 10-20-2005 by Ord. No. 122]
Includes anything constructed, including a building or deck, designed
or adaptable for permanent location on the ground.
[Amended 10-20-2005 by Ord. No. 122]
A.
It shall be unlawful for any person to set fire to, or to procure
another to set fire to, any structure, woods, brush, logs, leaves, grass,
debris or other inflammable material within Kidder Township unless he previously
shall have taken all reasonable care and precaution by having cut and piled
the same or carefully cleared around the same to prevent the spread of such
fire and a fire extinguishing agent is available for immediate use.
Even though the precautions required by the foregoing section shall
have been taken, it shall be unlawful, at any time, for any person to set
fire to, or to procure another person to set fire to, any structure, woods,
brush, logs, leaves, grass, debris or other inflammable material within Kidder
Township on a day when the winds in the Kidder Township area exceed 10 miles
per hour except that such burning may be done under the supervision of the
local Fire Department.
[Amended 6-16-2005 by Ord. No. 119; 10-20-2005
by Ord. No. 122]
Outdoor fires shall be permitted on private property, without prior
approval, only under the following conditions:
A.
Every such outdoor fire shall be built in and confined
to a noncombustible container covered with a noncombustible screen of 1/2
inch or smaller mesh or with other noncombustible covering.
B.
No such fire shall be closer than 15 feet to any structure,
other combustible material, or within 10 feet of any property line.
[Amended 10-20-2005 by Ord. No. 122]
All open fires shall require the prior approval of the officer then
in charge of the Fire Company in the district where such fire will be set.
Any such fire shall not be closer than 50 feet from any structure or other
combustible material sufficient to prevent escape of any burning material.
[Amended 10-20-2005 by Ord. No. 122]
A.
It shall be unlawful for any person to set fire to a structure
without prior approval and direct supervision of the local fire department.
B.
It shall be unlawful to burn "recyclable materials" as defined
in this chapter.
C.
It shall be unlawful to burn when a proclaimed burn ban is in
effect in Kidder Township or Carbon County.
D.
Burning of structures in lieu of demolition shall be unlawful.
E.
Attendance: Open burning or recreational fires shall be constantly
attended until the fire is extinguished. A minimum of one portable fire extinguisher
or other approved fire-extinguishing equipment such as dirt, sand, water barrel,
garden hose or water truck shall be available for immediate utilization.
All fires of any type shall be totally extinguished before the person
starting such fire shall leave the area of the fire.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the township before a District Justice, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred by the
township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
[Amended 10-20-2005 by Ord. No. 122]
This chapter shall be enforced by the police of the Township of Kidder
or other designees of the Township Supervisors.
