[HISTORY: Adopted by the Board of Supervisors of the Township of Athens as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-25-2007 by Ord. No. 2007-04[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. 65, Burning, Outdoor, adopted 6-29-1966 by Ord. No. 14, as amended, with an effective date of 4-25-2007.
[Amended 3-25-2009 by Ord. No. 2009-05]
No person, corporation, firm, association or partnership shall burn, cause to burn or allow to burn any putrescible animal or putrescible vegetable matter, leaves, furniture, shingles or construction materials of any kind, tin cans, glass, rubber, plastics, recyclable items, aerosol cans or any substance determined by the Commonwealth of Pennsylvania or any agency of the United States government to be a hazardous substance. Fires shall be only used to burn readily combustible items not excluded herein.
A. 
All fires shall be attended at all times by a responsible adult having a readily available means of extinguishing the fire.
B. 
All fires must be thoroughly extinguished with no smoldering.
C. 
No burning shall be allowed during a fire ban emergency as proclaimed by the Bradford County Emergency Management Agency or Athens Township Board of Supervisors.
D. 
Burning shall be done only by the owner or occupant of the parcel of land to which the burn barrel or other burning device is situated. Under no circumstance shall nonresidents of Athens Township be permitted to burn materials of any kind within Athens Township.
E. 
No person, partnership, firm, or corporation or other entity shall light or ignite wood, grass, brush, paper, or inflammable material of any kind upon public or private land within the Township of Athens, which igniting thereof necessitates the attendance of the Fire Marshal or Fire Department of any municipality in order to extinguish said fire.
[Added 9-24-2008 by Ord. No. 2008-07]
A. 
The Athens Township Board of Supervisors may declare a fire ban emergency in Athens Township with or without consultation with the fire chiefs of the volunteer fire companies operating within the Township during a period of drought or periods of high fire risk to woodlands or property in Athens Township.
B. 
Upon the declaration of a fire ban emergency, all outdoor burning or fire shall be prohibited until such ban is lifted by the Board of Supervisors.
C. 
Athens Township shall publish a notice of a fire ban emergency at least once in a local newspaper of general circulation. In addition, Athens Township may issue news releases to the communication media.
Any person, corporation, firm, partnership or association that violates any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not less than $250 plus costs of prosecution, and in default of payment, to imprisonment for a term not to exceed 90 days. Each day that a violation of any of the provisions of this article continues shall constitute a separate violation.
[Adopted 4-25-2007 by Ord. No. 2007-02[1]]
[1]
Editor's Note: This ordinance provided an effective date of 4-25-2007.
A. 
The residences and industrial and commercial establishments that are situated within the Township of Athens are entitled to clean air and environmental circumstances free of unreasonable dust, obnoxious odors, noxious fumes and smells, as well as an environment free of stored debris and the storage of combustible solid fuels in adjacent or exposed exterior areas within densely populated areas.
B. 
These regulations shall provide for the prohibition of the installation of any exterior furnace or exterior burning device, the primary purpose of which is to convert solid combustible fuel into a heat or energy source for interior spaces within the Township of Athens.
C. 
Research indicates that outdoor fuel-burning appliances cause emission problems that cross property lines because smoke stays close to the ground and it can easily reach humans working or playing outdoors or even penetrate neighboring buildings. It further causes problems with smoke visibility. The low-lying smoke can worsen cardiovascular problems such as angina, pose an irritant to the eyes and lungs, trigger headaches, and worsen respiratory diseases such as asthma, emphysema, and bronchitis.
As used in this article, the following terms shall have the meanings indicated:
OUTDOOR FUEL-BURNING APPLIANCE
Any device, including a furnace, stove or boiler designed and constructed to burn solid fuels, including wood, coal or other solid fuels manufactured for placement outdoors for the heating of the structure. An outdoor fuel-burning appliance utilizing a heat pump or one which uses solar energy, electric, oil, propane, gas or natural gas as a fuel source will not be included in this definition, and the same are exempt from the prohibitions provided for in this article.
A. 
All outdoor fuel-burning appliances shall be located not less than 50 feet from the nearest adjoining property lines.
B. 
No outdoor fuel-burning appliance will be permitted to burn any materials other than those fuels approved by the manufacturer of the outdoor fuel-burning appliance.
C. 
All outdoor fuel-burning appliances shall have a flue or chimney with a minimum termination height of 15 feet above the natural ground level upon which the outdoor fuel-burning appliance is located.
D. 
All outdoor fuel-burning appliances installed after the effective date of this article shall be inspected by the Athens Township Board of Supervisors or its appointed agent for the purpose of issuing a permit to operate said outdoor fuel-burning appliance. Upon receipt of an application for a permit and the payment of the permit fee in the amount as set forth in a resolution annually by the Board of Supervisors, the Board or its agent shall inspect the appliance to ensure the public health, safety and welfare. Any permit issued may be suspended by the Board of Supervisors or its agent if necessary to protect the public health, safety and welfare of the residents of the Township of Athens.
Any person, partnership, firm or corporation which violates any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $200, nor more than $1,000, and in default of payment of said fine, to undergo imprisonment for a term not to exceed 90 days. Each and every day that a violation of this article continues shall constitute a separate offense.
This article shall not be construed to be retroactive and shall not require the removal of any outdoor fuel-burning appliance in existence within the Township of Athens as of the effective date of this article. All outdoor fuel-burning appliances in existence as of the effective date of this article shall have or must erect a flue or chimney which has a minimum termination height of 15 feet above the natural ground level upon which the appliance is located. All such existing systems may be replaced. "Existing" or "in existence" means that the outdoor fuel-burning appliance is operating, in place, and on the site.