Fairview Township has provided an available alternative to open
burning of yard debris through implementation of a curbside collection
of yard waste and construction of a yard waste facility located within
the boundary of Fairview Township and available to the residents.
The purpose of this chapter therefore is to strictly regulate outdoor
fires to promote the health, safety and general welfare of the residents
and property owners of the Township of Fairview.
No person, either directly or indirectly, shall ignite, kindle
or maintain any fire or authorize or permit any such fire to be ignited,
kindled or maintained on any private or public street, alley, sidewalk,
or on any private or public land within the Township of Fairview,
York County, Pennsylvania, except as hereinafter provided.
No permit shall be required for any fire for which the sole
purpose is to cook food, provided that said fire is confined in a
fireproof container or fire pit or a fire that is contained within
a fireproof container used as an outside fireplace.
No permitted fire shall be started or allowed to continue if
the following conditions exist:
A. The wind and/or general weather conditions are such that ash, soot,
burning embers or any other particles will be caused to blow, drift
or otherwise cross beyond any property line, or any other area, whether
private or public, where there exists the danger of starting a fire.
B. Fog, mist or any form of precipitation, or reduced visibility at
ground level.
C. Where the emissions from the fire would interfere with visibility
on any public or private street to include parking lots, parking garages,
and any and all other private areas which are routinely traveled by
motor vehicles.
D. When emissions from the fire constitute an actual or potential interference
with the operation of any aircraft facility including, without limitation,
interference with visibility on any flight path, runway or landing
pad of any airport or heliport.
E. When emissions from the fire will interfere with the reasonable enjoyment
of life or property damage to vegetation or property, or may be deleterious
to human or animal health.
F. During such time that a dry-weather emergency is declared as described in §
101-6 or during a ban on burning instituted by any other governmental agency.
G. Burning of the following substances or items is prohibited:
(1) Paper, boxes, or any other recyclable product, rubbish, household
trash, refuse, garbage or offal.
(2) Any material or waste that originates from outside the property where
the burning is being conducted.
(3) Construction debris, plastics, by-products of manufacturing or processing
operations or waste from commercial operations, petroleum products,
tires.
(4) Hazardous wastes or residual wastes as defined by the Solid Waste
Management Act.
(5) Recyclable materials as established in Chapter
247, Solid Waste, Article
II, Collection of Garbage and Recycling.
H. This §
101-5 shall supersede and take precedence over the issuance of any permit and over any fire authorized under §
101-3 hereof, and all such fires shall be subject to the prohibitions contained in this section.
The Board of Supervisors, the Fairview Township Manager, the
Fairview Township Assistant Manager, or the Fairview Township Chief
of Police may declare a dry-weather emergency with or without consultation
with officials of the Fairview Township Fire Department during periods
of drought or other periods of high fire risk to woodlands or property
within the Township. No out-of-door fires of any kind shall be permitted
anywhere in the Township during such time a dry-weather emergency
is declared. The dry-weather emergency shall remain in effect until
declared to be over by the Board of Supervisors, Township Manager,
Assistant Township Manager, or Chief of Police.
Any person, firm or corporation who is found to be in violation
of any provision of this chapter shall, upon conviction thereof, be
sentenced to pay a fine of not more than $1,000 and/or undergo imprisonment
for a term not to exceed 90 days. Each and every day a violation of
this chapter continues shall constitute a separate offense. Any police
officer or other person specifically authorized by the Board of Supervisors
of Fairview Township shall determine in each instance whether a violation
has occurred under this chapter.
Any person, firm or corporation who is found to be in violation
for any fire in violation of this chapter requiring response by the
Fairview Township Fire Department shall also pay charges to cover
the firefighting costs, including mileage, operating costs, equipment
costs and man-hours. These fees shall be in accordance with the fee
schedule established by the Board of Supervisors by resolution from
time to time. These charges shall be in addition to and not in lieu
of any penalties provided elsewhere in this chapter.
The Board of Supervisors, 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 issuance of any
permit under the provisions of this chapter, or by reason of the conduct
of any burning activity in compliance or noncompliance with the terms
and provisions hereof. The person, persons, company or companies responsible
for any such fire and the permit holder shall bear sole liability
for any damages caused as a result thereof.