[HISTORY: Adopted by the Board of Supervisors of the Township of Middle Smithfield 10-9-2008 by Ord. No. 165. Amendments noted where applicable.]
Solid waste and recycling — See Ch. 155
Ordinance No. 88 which adopted Part II, Chapter 94, Burning, Outdoor, of the Code of the Township of Middle Smithfield, Monroe County, Pennsylvania, on October 14, 1998, is hereby repealed in its entirety, and Part II, Chapter 94, shall hereafter be known as Middle Smithfield Township Prohibition Against the Burning of Recyclables and the Regulation of Outdoor Burning.
The purpose of this chapter is to provide for the health, safety and welfare of the residents of the Township of Middle Smithfield by requiring residents to recycle rather than burn those specific items that are included in its recycling program and to regulate outdoor burning, provide for enforcement and penalties for failure to comply with said regulation(s) and to repeal any and all inconsistent ordinances or parts thereof.
Following the effective date of this chapter it shall be unlawful for the residents of Middle Smithfield Township to burn any recyclable item now or hereafter included in its recycle program(s).
Outdoor burning of items not included within the Middle Smithfield Township recycling program(s) is permitted as follows, to wit:
Campfires and bonfires for recreational facilities related to their operations and must be supervised by a responsible adult at all times; provided, however, that said outdoor burning is strictly prohibited during any fire-ban emergency declared within the municipality as well as when atmospheric conditions or local circumstances make such fires hazardous.
Any fire set to prevent or abate a fire hazard, when approved by the Pennsylvania Department of Environmental Protection and when set by and under the supervision of a public officer.
Any fire set for the purpose of instructing personnel in fire fighting, when approved by the Pennsylvania Department of Environmental Protection.
Any fire set for the prevention and control of disease or pests, when approved by the Pennsylvania Department of Environmental Protection.
In addition to any police officer authorized to issue citations within the borders of Middle Smithfield Township, a Middle Smithfield Township Zoning Officer is also hereby authorized to enforce this chapter.
Any person violating any of the provisions of this chapter shall first be issued a written warning. If within a thirty-day period, this person commits a second violation of this chapter, then a citation will be issued. If a summary conviction before a Magisterial District Judge is granted, then said person shall be sentenced to pay a fine of not less than $25 and not more than $150 and the cost of prosecution, including reasonable attorney fees incurred by the Township Solicitor and costs related thereto, such fines to be collected as like fines are now collected by law, and/or shall undergo imprisonment not exceeding 10 days, or both. Any person continuing any such violation beyond one calendar day, shall be deemed to have committed a separate offense for each calendar day such violation continues.
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 conduct of any burning activity in compliance with the terms and provisions of this chapter. The person or party responsible for any fire shall bear sole liability for any damages caused as a result thereof.