Township of East Cocalico, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Cocalico 1-19-2005 by Ord. No. 2005-01. Amendments noted where applicable.]

§ 79-1 Short title.

This chapter shall be known as the "East Cocalico Township Burning Ordinance."

§ 79-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
OPEN FIRE
The burning of materials wherein products of combustion are emitted directly into the air without passing through a stack or chimney from an enclosed chamber (as defined by the International Fire Code 2003, as amended, or its successors).[1]
PERSON
Any individual, partnership, association, cooperation, department, bureau, agency, or other legal entity.
TOWNSHIP
The Township of East Cocalico Township, County of Lancaster, and Commonwealth of Pennsylvania.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 79-3 Open fires restricted.

No person shall ignite, feed, cause, allow, permit, or maintain on any property any open fire outside of any building for any purpose other than that specifically allowed herein.

§ 79-4 Exceptions.

The activities prohibited in this chapter are subject to the following exceptions:
A. 
Open fires may be set in the performance of any official duty of any public officer if the fire is necessary for:
(1) 
The prevention of a fire hazard that cannot be abated by other means.
(2) 
The protection of public health.
B. 
Open fires or controlled burning shall be permitted for fire-fighting training by volunteer fire companies. Controlled burning, however, will require a permit issued by the Fire Marshal.
C. 
Open fires do not include outside barbecues or any fire maintained in a commercially constructed grill or masonry-constructed grill for the purposes of cooking and preparing food.
D. 
Bonfires. An outdoor fire utilized for ceremonial purpose (for example, school homecoming event). A permit is required to be obtained from the Fire Marshal.
E. 
Recreational fires. An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill, or barbecue pit and has a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.
F. 
Open fires shall be permitted on any land located in the Agricultural (A) Zoning District, provided the fire is 100 feet from any structure or combustible material.

§ 79-5 Enforcing officials designated.

The Fire Marshal shall have the power to enforce the provisions of this chapter. In the event that the Fire Marshal office is vacant or in the event that the Fire Marshal is unavailable, the Zoning Officer shall have the power to enforce the provisions of this chapter.

§ 79-6 Violations and penalties. [1]

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 less than $100 nor 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).