Township of Unity, PA
Westmoreland County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Unity 3-28-2006 by Ord. No. O-3-06.[1] Amendments noted where applicable.]
Editor's Note: This ordinance repealed former Ch. 55, Fires, Outdoors, adopted 6-20-1974 by Ord. No. 51674A, as amended.
All outdoor burning and fires are expressly prohibited except as may be authorized under the terms hereof.
No person shall kindle or maintain any bonfire, rubbish fire or any other outdoor fire or authorize any such fire to be kindled or maintained on any public or private property other than as set forth in this chapter.
No person or persons shall deliberately, knowingly, carelessly, or negligently set fire to or cause the burning of any material in such manner as to endanger the safety of any person or property.
All outdoor burning or fires shall be limited to the burning of brush, twigs and yard waste from dawn until dusk on Tuesday and Saturday, excluding any holiday, as tolerated. All fires must be extinguished by dusk.
[Amended 8-9-2007 by Ord. No. O-7-07]
All outdoor burning or fires shall be controlled in a safe manner and have an attended adequate water supply or equal extinguishing agent throughout the duration of burning.
No person or persons shall set or maintain any outdoor burning or fires closer than 50 feet to any structure or 25 feet to any property line.
No person or persons shall burn or cause to be burned any garbage, newspaper or paper products, rubber, tires, paint, animal waste, plastics, diapers, toxic materials or other matter consisting of solid waste.
Outdoor fireplaces and grills used solely for food preparation purposes shall be exempt from these regulations.
The use of burn barrels for the burning of trash or solid waste is strictly prohibited.
Bonfires for amusement purposes shall be permitted only upon the specific approval of the Unity Township Code Enforcement Officer.
For the purposes of this section, a "land development" shall be the clearing of land for construction purposes where the land area to be cleared is in excess of one acre.
Burning of any kind is specifically prohibited in land developments situate in Unity Township.
In lieu of burning, all debris from clearing land in Unity Township shall be removed and/or chipped.
[Amended 10-9-2008 by Ord. No. O-14-2008]
Any person, firm or corporation who shall violate or fail to conform to any provision of this chapter shall be guilty of a summary offense and, upon conviction thereof, shall be sentenced to pay a fine of $100 for a first offense; $300 for a second offense and a minimum fine of $500 for a third or subsequent offense which occurs in any twelve-month period. In addition to the foregoing penalty, anyone found guilty under this chapter shall be assessed with the costs of prosecution and reasonable attorney's fees incurred by the Township in the prosecution of the offence. In default of the payment of any fine and/or penalty set forth herein, the violator shall be sentenced to the maximum term of imprisonment permitted for summary offenses.
In the event any Fire Company is dispatched to the location of any fire or outdoor burning occurring in violation of this chapter, then an additional fine and/or penalty of $150 for each Fire Company dispatched shall be added to the amount of the fine set forth above.
Prior to the initiation of proceedings under this chapter, the Township Code Enforcement Officer may send a notice of violation to an alleged violator notifying him or her of the Township's intent to initiate summary proceedings against him or her. Any person, firm or corporation receiving such notice may avoid further prosecution by acknowledging his or her violation of this chapter and paying a fine of $100 directly to the Township for a first offense, $300 for a second offense and $500 for a third or subsequent offense occurring in any twelve-month period. The failure to make such payment within the time prescribed in the notice of violation will result in prosecution of the violator under this section.