Township of Derry, PA
Mifflin County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Derry 10-6-1990 by Ord. No. 1990-3. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
FURNACE
Any enclosed device specifically designed for burning any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning of refuse, sewage sludge, or any other combustible material.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
PERSON
Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, excelsior, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATION
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.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry, 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.
Within the limits of the Township of Derry, no person shall:
A. 
Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside any building; or
B. 
Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse, or in the conduct of a salvage operation on any property under his control outside of any building.
[Amended 5-17-2004 by Ord. No. 2004-3]
A. 
Open fires may be set or maintained only on Saturday and only between the hours of 7:00 a.m., prevailing time, and the immediately succeeding 12:00 noon, prevailing time.
B. 
Except as otherwise noted herein, and only on the said day of the week and during the time indicated, only wood, paper, and other nonputrescible vegetable matter may be burned, provided:
(1) 
No hazardous, unsafe or dangerous condition or conditions will be created by such open burning;
(2) 
No conditions that would be objectionable to a reasonable man or woman are created; and
(3) 
No burning shall be permitted or allowed on any alley, road, street or sidewalk.
C. 
Anything in this chapter or in this § 86-3, Exceptions, to the contrary notwithstanding, in no case whatsoever shall there be any burning of leaves.
D. 
Exceptions as to the time of burning or the day of burning may be granted upon the showing of special circumstances together with a special request for a permit being delivered to the Township Secretary/Township Manager, in writing. Such permit, if issued, shall be in writing and shall set forth the specific terms, conditions and limitations thereof.
The Board of Supervisors of the Township of Derry, or its designated enforcement officer, shall have the power and duty to enforce the provisions of this chapter.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).