[HISTORY: Adopted by the Board of Supervisors
of the Township of Hanover 2-12-2002 by Ord. No. 02-01; amended in its entirety 10-11-2016 by Ord. No. 16-05. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Hanover
Township Burning Ordinance."
This chapter is adopted for the purpose of promoting public
health, life, safety, morals, welfare, peace, decency, and reasonable
and comfortable use of property, and the tranquility of the community
of the Township of Hanover, County of Northampton, Commonwealth of
Pennsylvania, and to prohibit the burning or incineration of materials,
whether animal, vegetable or otherwise within the Township of Hanover.
Except as hereinafter provided, no person, firm, corporation,
business entity, industry or other association shall cause, allow,
permit, conduct or maintain outdoor or open burning of any kind, including
the burning of any solid waste, recyclable materials, and leaf waste,
as defined in Act 101, known as "the Municipal Waste Planning, Recycling
and Waste Reduction Act of 1988," as same may be amended from time
to time.
All fires conducted under the provisions of this Section shall
be constantly attended by an adult, 18 years of age or older, until
the fire is extinguished. A minimum of one portable fire extinguisher
with a minimum 4-A rating or other approved on-site fire extinguishing
equipment, including but not limited to dirt, sand, water barrel,
garden hose or water truck, shall be available for immediate utilization.
A.
A fire set to prevent or abate a fire hazard.
B.
Burning shall be permitted for the purpose of instructing personnel
in fire-fighting and for exhibitions. Such activity shall meet current
National Fire Prevention Association (NFPA) standards for this type
of activity.
C.
A fire set for the prevention and control of disease or pests as
authorized by the Board of Supervisors of the Township.
D.
Farming. Following proper written notification, in advance, to the
Township Manager or his designate, open burning shall be permitted
in conjunction with the production of agricultural commodities in
their unmanufactured state on the property of a farm operation.
E.
Cooking. Burning of coals or small, contained fires for the purpose
of cooking or preparing food for human consumption is permitted when:
(1)
The cooking unit is located no less than 15 feet from any combustible
materials;
(2)
Cooking units are not located on balconies or porches of apartment
units exceeding one story above ground level; and
(3)
Such activity is conducted in a safe manner and is not prohibited
by any other Township or state regulation or statute.
F.
Recreational. Following proper written notification, in advance,
to the Township Manager or his designate, burning shall be permitted
for recreational and ceremonial purposes, (i.e., bonfires and camp
fires) if such burning is conducted in a safe manner in a place where
open fires are otherwise permitted and such burning is under the direct
supervision of an adult until such burning is completely extinguished.
Recreational fires shall not be conducted within 30 feet of a structure
or combustible material, nor shall the pile size exceed three feet
in diameter and two feet in height. The use of burn barrels is not
considered a recreational fire.
G.
Use of chimneas or outdoor tables with fire pits shall be permitted,
provided that they are used exclusively for their intended purpose
and comply with the following:
H.
Outdoor fireplaces and outdoor fuel burning appliances built pursuant
to a zoning and/or building permit shall be permitted if such burning
is conducted in a safe manner complying with all applicable Township
or state regulations, restrictions and ordinances.
A.
Suspensions. Except for cooking, as set forth in § 58-4, no outdoor burning shall be permitted during any period of fire weather advisory, strong winds, drought, or weather inversion (i.e., hazardous air quality conditions) or during/in any other situation deemed hazardous or objectionable by the Township Manager, his designate or a law enforcement officer.
B.
Cancellations. If such hazardous or objectionable conditions develop
during a day when burning is being conducted, existing permits may
be canceled by the Township Manager, or his designate, or a law enforcement
officer. Upon notification that hazardous conditions have developed
and all burning is to be canceled, residents conducting burning shall,
immediately following such notification, fully extinguish all active
fires, including embers thereof.
C.
Extinguishing fires. If the Township Manager, his designate, or a
law enforcement officer determines any burning is in violation of
this chapter, or to be hazardous to the health or welfare of the Township
residents, the person(s) conducting the burning shall, upon notification,
fully extinguish all active fires, including embers thereof.
A.
Storage. It shall be unlawful for any person, firm, corporation or
other association to store or deposit ashes, smoldering coals or embers,
grease or oil substances, or other matter liable to spontaneous combustion,
within 10 feet of any wooden or plastered wall, partition, fence,
floor, lumber, hay or straw, shavings, rubbish or other combustible
material, except in metallic or other noncombustible receptacles.
Such receptacle, unless resting on the ground outside the building,
must be placed on a noncombustible surface and in every case must
be kept at least two feet from any wall or partition.
B.
Disposal. It shall be unlawful for any person, firm, corporation
or other association making, using, storing or having charge or control
of any trash, garbage, shavings, excelsior, rubbish, sacks, bags,
litter, hay, straw or other combustible material, to fail, neglect
or refuse at the close of each day to cause all such material to be
removed from the premises or to be stored in a noncombustible receptacle
as described above.
C.
Exception. This provision shall not apply to the storing of hay,
straw, fodder and other materials, including the normal homeowner
clean-up and temporary storage of yard waste, when such materials
are stored in a safe and appropriate manner away from any source of
ignition, or pursuant to a farming operation when such materials are
stored in structures especially intended for such storage (e.g., barns,
etc.)
A.
Any person, firm or corporation, or the plural thereof, who shall
violate any of the terms or provisions of this chapter shall be guilty
of a summary offense and upon conviction thereof in District Court,
be sentenced to pay a fine not less than $300 nor more than $1,000
and the costs of prosecution for each offense. In default of payment
of any fine or penalty imposed by a Magisterial District Justice under
the provisions of this chapter, the person or persons may be committed
to the county correctional facility for a period not exceeding 30
days.
B.
Each day a violation of this chapter is committed shall constitute
a separate offense and shall be punishable as such hereunder.
C.
This section shall not preclude the Township from any other remedy
it may have at law or equity.
The Township and its agents, officials and representatives shall
not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the provisions of this
chapter or by reason of conduct of any burning activity in compliance
with the terms and provisions of this chapter. The individual person
or party responsible for any such fire shall bear sole liability for
any damages caused as a result thereof.
