[HISTORY: Adopted by the Board of Commissioners
of the Township of Abington 2-11-1971 by Ord. No. 1299; amended in its entirety 8-14-2014 by Ord. No.
1931. Subsequent amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the following meanings ascribed to them:
Any cooking appliance that is designed for the proper preparation
of food for human consumption. For purposes of this chapter, this
definition shall include all such devices that are propane or natural-gas-fueled
grills, charcoal grills, pellet-fueled grills, wood-fueled grills,
and smoking devices.
Smoke and odors are considered excessive if they are perceptible
beyond the property line of the source of the fire and, in the opinion
of the Abington Township Police Officer or Fire Marshal, are causing
an unreasonable interference with the use and enjoyment of another
person's property.
Any receptacle for which the sole purpose is the burning
of recreational fires, including but not limited to outdoor fireplaces,
braziers, fire rings, fire pits, chimineas, or other similar contained
or enclosed structure, not to exceed three feet in diameter or two
feet in height.
[Added 11-10-2021 by Ord. No. 2185]
Any framed or stone masonry fireplace constructed and installed
in a dwelling or commercial structure within Abington Township in
accordance with all applicable building codes.
Any enclosed device designed for the burning of any material
primarily for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation or cooking of food.
Any device designed or used for the destruction or reduction
of refuse by burning.
A fire in which the products of combustion are emitted directly
into the ambient air without passing through a stack or a chimney
or in which any material is burned in the open or outside or in a
receptacle other than a furnace, incinerator, fire pit or a cooking
appliance. For purposes of this chapter, "open burning" shall not
refer to road flares, smudge pots and similar devices associated with
safety or occupational uses typically considered open flames.
[Amended 11-10-2021 by Ord. No. 2185]
Any individual, partnership, association, company, syndicate,
firm, trust, corporation, department, bureau, agency or other entity
recognized by law as the subject of rights and duties.
A fire set for pleasure, religious, ceremonial, warmth or
other similar purposes.
Garbage, rubbish and trade waste and any material or item
considered recyclable by the Pennsylvania Department of Environmental
Protection.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
excelsior, paper, ashes, tree branches, tree stumps, leaves, yard
trimmings, furniture, tin cans, glass, crockery, masonry and other
similar materials.
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
All solid or liquid material resulting from the pursuit of
any business, trade or industry, including but not limited to plastic
products, cartons, paint, grease, oil and other petroleum products,
chemicals, cinders and building or construction materials.
Any Abington Township police officer, Abington Township Fire
Marshal, or duly authorized agent of the Board of Township Commissioners
shall have the power and duty to enforce the provisions of this chapter,
including but not limited to:
A.
Ordering the immediate cessation of any activity prohibited by this
chapter.
B.
Ordering that any fire, cooking, or barbeque be immediately extinguished,
abated, diminished or corrected if, upon investigation, the Abington
Township police officer, Abington Township Fire Marshal, or other
duly authorized agent of the Board of Township Commissioners finds
that the fire, cooking or barbeque is in violation of the provisions
of this chapter.
C.
Such other remedies available at law or as otherwise outlined in
this chapter.
A.
After
the effective date of this chapter, no person shall:
(1)
Ignite or feed an open fire or open burn for the destruction or reduction
of refuse or in the conduct of a salvage operation in or on any public
or private property in the Township of Abington.
(2)
Cause, suffer, allow or permit the maintenance of any open fire or
open burn for the destruction or reduction of refuse or in the conduct
of a salvage operation on or in any property under such person's control
in the Township of Abington.
(3)
Use incinerators (except those legally installed prior to the adoption
of this chapter) for the destruction or reduction of refuse.
B.
Exceptions.
The requirements of this chapter restricting burning or incineration
of refuse shall not apply under the following conditions:
(1)
A fire may be set by or under the supervision of an Abington Township
Fire Marshal or the Abington Township Fire Chief to prevent or abate
a fire hazard. Such permission shall be by written application and
permit as issued by the Abington Township Fire Marshal.
(2)
Fires may be set by the Abington Township Fire Chief or his or her
designee when necessary for the training of Abington Township Fire
Department personnel.
(3)
A fire may be set in fixed dwelling unit fireplaces.
(4)
A fire may be set for the grilling, broiling or barbecuing of food,
unless such fire is noxious, hazardous, or excessive in the immediate
surrounding area by reason of smoke or noxious odors or which emits
sparks, embers, brands or hot ash that may pose a public safety threat.
In determining whether a condition is noxious, hazardous, or excessive,
the Abington Township police officer, Fire Marshal, or other duly
authorized agent of the Board of Commissioners shall consider whether
the condition:
(5)
A recreational fire may be set, provided it is contained in a fire pit and follows the requirements of this section, unless such fire is noxious, hazardous, or excessive in the immediate surrounding area by reason of smoke or noxious odors or which emits sparks, embers, brands or hot ash that may pose a public safety threat. In determining whether a condition is noxious, hazardous, or excessive, the Abington Township police officer, Fire Marshal, or other duly authorized agent of the Board of Commissioners shall utilize § 65-3B(4)(a) and (b).
[Added 11-10-2021 by Ord. No. 2185]
(a)
All
recreational fires must be contained in a fire pit.
(b)
No
refuse (trash), recyclables, construction materials, leaves or trimmings
may be burned in a recreational fire.
(c)
Recreational
fires must be three feet or less in diameter and two feet or less
in height.
(d)
Recreational
fires shall be at least 20 feet from any structure, property line,
or combustible material.
(e)
A
water source or portable fire extinguisher must be available for immediate
use.
(f)
Recreational
fires must be continuously attended until the fire is extinguished.
C.
It shall
be unlawful for any person to bum, ignite, or feed any open fire whenever
drought or extreme weather conditions exist or when a ban on burning
has been instituted by the Commonwealth of Pennsylvania. Notice of
such restriction shall be posted at the Township Fire Department and
the Township building.
[Added 11-10-2021 by Ord. No. 2185]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof by any District Justice, be sentenced to pay
a fine of not less than $25 nor more than $300, together with the
costs of prosecution. Each day a violation exists shall constitute
a separate offense. Upon default in the payment of any fine, the defendant
may be sentenced and committed to the Township lockup for a period
not exceeding five days.
