[HISTORY: Adopted by the Board of Supervisors of the Township
of West Lampeter 9-13-2021 by Ord. No. 264. Amendments noted where
applicable.]
The Code of Ordinances of West Lampeter Township, Chapter 180, Open Burning, is hereby created as set forth herein for the prevention and control of air pollution; defining certain terms used herein; providing for regulations, exceptions, enforcement orders, responsibility of owners and operators, penalties, unlaw conduct, public nuisances, repealing previous provisions, and validity. After the effective date of this chapter, no person shall kindle, maintain, or authorize to be kindled or maintained any open burning, open fire, small open fire or fires unless conducted, authorized and approved according to this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, natural person, syndicate, association, partnership,
firm, corporation, institution, agency, authority, department, bureau
or other instrumentality of federal, state, local or regional government
or other entity recognized by law as the subject of rights and duties.
A fire outside of any building in which any material is burned
in the open or in a receptacle other than a furnace or incinerator.
Subject to rules, regulations, and limitations contained in
this chapter, an adult property owner or other adult authorized by
the property owner may conduct or allow a small open fire on his or
her property, solely for the following purposes:
A.
Permitted receptacles/containers.
(1)
Open fires. All other small open fires authorized under this chapter
must be contained within one of the following authorized containments:
in a grill, barbecue, fireplace, chiminea, stone perimeter, noncombustible
fire ring, fire pit or similar container.
B.
Permitted locations.
(1)
Open fires shall be located not less than 15 feet from the nearest
house, structure, roadway, property line, utility, tree, or other
combustible materials.
C.
Prohibited materials. The use of any material(s) to start or maintain
a fire other than those specifically permitted under Subsection C(1)
hereof, including, but not limited to, any of the following materials,
is strictly prohibited: no paints; painted or chemically treated woods;
railroad ties; telephone poles; plastics; cardboard boxes; paper or
paper products; garbage, or any other household or residential wastes
or recyclable materials; construction waste or demolition/salvage
debris; commercial or industrial materials or waste; oil, grease,
gasoline, asphalt products, or any other petroleum products; rubber;
tires; tar or tar paper; dead animals; animal or human waste; pathogenic
waste; insulated wire; toxic or noxious materials, cloth, leaves,
green yard waste, or other materials that tend to cause excessive
or malodorous emissions or excessive smoke.
D.
Maximum size. In all cases, the fire shall be of such size that the
combustible material and flame are contained completely within the
perimeter of the authorized containment receptacle.
E.
No excessive smoke, odors or malodorous emissions. No persons shall
allow or maintain a fire which creates excessive smoke, excessive
odor, or malodorous emissions.
F.
Adult supervision, control, and extinguishment. Only an adult property
owner or other adult authorized by the property owner shall authorize
or conduct a small open fire. The adult property owner or other adult
authorized by the property owner to conduct such a fire shall at all
times be present at and shall tend to the fire from the time it is
lit through the time of total extinguishment. Adequate means to control
and extinguish the open fire shall be readily available at all times
during any burning. Suitable covering or means of disposal of ashes
shall be provided to prevent them from becoming airborne. The adult
property owner or other authorized person supervising the fire shall
be responsible to assure that all aspects of the fire comply with
this chapter and shall assure that the fire is completely extinguished
before that person leaves the site. Immediately upon the discovery
of any unauthorized or noncompliant fire or burning, the property
owner or other person responsible for the property on which such burning
occurs shall immediately extinguish, or cause the extinguishment of,
such burning. Proof that the defendant in any enforcement action owns
or controls the property on which open burning occurs shall be prima
facie evidence that such person has conducted, or allowed to be conducted,
such open burning.
A police officer, or code official may, upon investigation,
order that any fire be immediately extinguished, abated, diminished,
or corrected if, in the officer's sole judgment, the fire:
A.
Is emitting excessive smoke, excessive odor, or malodorous emissions;
B.
Contains prohibited materials or is using a prohibited or inadequate
containment device or mechanism;
C.
Is in a prohibited location;
D.
Is emitting sparks or hot ashes that may pose a threat to nearby
structures, trees, other combustible materials, or to the safety of
persons or property;
E.
Where its size, materials, containment, location, emissions, proximity
to structures, trees, other combustible materials, conduct of participants,
weather conditions (including, but not limited to, wind, drought,
dry or other conditions) or air quality, or other circumstances, are
such that continuation of the fire poses a risk of harm to persons
or property.
The following activities are exempt from the open burning restrictions
as set forth above provided notification is made to the West Lampeter
Township Police Department 24 hours in advance and set no closer than
100 feet from adjoining property lines:
A.
Open burning in performance of any official duty of any public officer
if the fire is necessary for firefighter training, the prevention
of a hazard which cannot be abated by other means, or for the protection
of public health.
B.
Open burning during the course of seasonal farming practices within
the Ag district shall be permitted provided the burning is conducted
no closer than 100 feet from any property line for the purposes of
agricultural and land conservation maintenance and management. Such
practices include, but are not limited to, forestry maintenance, pest/insect
control, land clearing or grubbing.
C.
A bonfire solely for ceremonial purposes.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge, be guilty of a summary offense and shall be punishable
by a fine of not more than $500 plus costs of prosecution. Each day
or portion thereof in which a violation exists shall be considered
a separate violation of this chapter, and each section of this chapter
which is violated shall be considered a separate violation.
A violation of this chapter or of any order issued by the Township
of West Lampeter under this chapter shall constitute a public nuisance.
The Township of West Lampeter shall have the authority to order any
person causing a public nuisance to abate the public nuisance. In
addition, when abating a public nuisance, the Township of West Lampeter
may recover the expenses of abatement following the process for assessment
and collection of a civil penalty. Wherever the nuisance is maintained
or continued contrary to this chapter or any order issued pursuant
to this chapter, the nuisance may be abatable by Township officials
or agents. Any person who causes the public nuisance shall be liable
for the cost of abatement.
The provisions of this chapter are severable, and if any section,
clause, sentence, part, or provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts, or provisions of this chapter.
It is hereby declared that this chapter would have been adopted if
such illegal, invalid, or unconstitutional section, clause, sentence,
part or provision had not been included herein.
This chapter shall take effect and be in force from five days
after its enactment by the Board of Supervisors as provided by law.
