[HISTORY: Adopted by the Township of Howell by Ord. No. O-89-22, as amended through Ord. No. O-01-10 (§ 10-4 of the 1974 Code). Subsequent amendments noted where applicable.]
The purpose of this chapter is to protect the public health, safety and welfare by prohibiting open burning except as permitted herein or by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-2 et seq.
As used in this chapter, the following words and phrases shall have the following meanings:
GARBAGE
Waste animal or vegetable matter from houses, kitchens, restaurants, hotels, produce markets or any other source and includes food of any kind which is thrown away or discarded.
OPEN BURNING
Any fire whose products of combustion are emitted directly into the open air and are not directed thereto through the stack or chimney of an incinerator.
PERSON
Any individual, corporation, company, association, society, firm, partnership and joint-stock company and shall also include all political subdivisions of the State of New Jersey as well as agencies and instrumentalities thereof, including municipalities and counties.
PLANT LIFE
Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
RUBBISH
Solid waste not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
TRADE WASTE
All solid or liquid waste material or rubbish resulting from construction, building operations, or the operation of any business, trade, industry or manufacturing process, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials.
No person shall cause, suffer, allow or otherwise authorize the disposal by open burning within the Township of:
A. 
Any garbage, rubbish or trade waste;
B. 
Any fallen leaves and plant life; or
C. 
Any building or structure.
A. 
Open burning as detailed in this chapter shall be prohibited within the Township except for the open burning of:
(1) 
Any rubbish, trade waste, fallen leaves, plant life or any building or structure for training or research exercises in fire protection or fire prevention when conducted at a facility or training center designed for such purposes; or
(2) 
Such items as allowed pursuant to a valid permit issued therefor by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-2 et seq.
B. 
Any person conducting open burning as described in Subsection A(1) and (2) under this section must submit a permit to the Fire Department at least five days prior to said open burning.
The Township Bureau of Fire Prevention, Code Enforcement Office and Police Department are charged with the duty to enforce the regulations contained in this chapter.
Any person violating, refusing or neglecting to comply with the provisions of this chapter shall be, upon conviction thereof, subject to a fine of not more than $500. Each occurrence of open burning contrary to the provisions of this chapter shall constitute a separate and distinct offense subject to all of the penalties provided for in this chapter.