[HISTORY: Adopted by the Board of Supervisors of the Township of
Elizabeth 5-11-1988 by Ord. No. 1998-3.
This ordinance also repealed former Ch. 61, Burning, Outdoor, adopted 2-2-1981
by Ord. No. 1981-3, as amended. Amendments noted where applicable.]
It is against public policy to permit uncontrolled and unrestricted
outdoor burning. The purpose of this chapter is to prevent needless damage
to life and property because of public and private nuisances caused by outdoor
fires deliberately or carelessly set and maintained.
For the purpose of this chapter, the following words and terms shall
have the meanings ascribed to them herein:
A pit with masonry walls and earth or masonry floor or a block or
masonry structure with a block, masonry or earth floor which is covered by
a chain link fence or which is enclosed by a door when in use. A ten-foot
clear area shall be maintained around any burning pit or incinerator, free
of any brush, tree or other combustible material.
Any fire contained in an incinerator, fireplace or cooking grill,
or other contained enclosure designed for outdoor cooking, or a fireproof
container.
A fire with Responsible Adult supervision and surrounded by a noncombustible
barrier.
[Amended 7-9-2007 by Ord. No. 2007-3]
The person designated by the Board of Supervisors of the township
to enforce this chapter.
Any fire set or maintained outside of a building.
Any individual, partnership, organization, association, agency, firm,
estate, corporation or any other legally recognized entity.
A fire contained within a pit or other noncombustible enclosure for
the purpose of pleasure, religious, ceremonial, or other similar purposes.
[Amended 7-9-2007 by Ord. No. 2007-3]
An individual 18 years or older who is not under the influence of
drugs or alcohol or suffering from any other disability which would impair
his or her ability to properly supervise a fire.
The Township of Elizabeth, Lancaster County, Pennsylvania.
Any fire not included in the definition of a "contained fire."
[Amended 7-9-2007 by Ord. No. 2007-3]
It shall be unlawful for any person or persons either directly or indirectly
to kindle or maintain any fire or authorize or permit any fire to be kindled
or maintained on any public road, street, alley, or sidewalk within the Township.
Fires for cooking may be maintained upon park or recreation land owned by
the Township if supervised by a Responsible Adult and if all other requirements
of this chapter are met.
Outdoor fires shall be permitted upon private property in accordance
with the following regulations:
A.
In those areas of denser population where land is zoned
(R-1) Suburban Residential Zone, (R-2) Village Residential Zone, Industrial
Zone (I), Village Commercial Zone (VC) or Highway Commercial Zone (HC), no
person, either directly or indirectly, shall kindle or maintain an outdoor
fire except in an appropriate receptacle or burning pit at least 20 feet from
any structure, building or property line. Any such contained fire shall be
kept under constant supervision during incineration and at the end of said
period shall be completely extinguished.
B.
In those areas where land is zoned (R) Rural Residential
Zone, Conservation Zone (C) or Agricultural Zone (A), no person, either directly
or indirectly, shall kindle or maintain an outdoor fire, with the exception
of the type of fire as hereinafter provided, except in a burning pit or container
at least 20 feet from any structure, building or property line.
C.
In those instances where it is impractical or impossible
to confine an outdoor fire to a receptacle or burning pit, an outdoor fire
may be kindled or maintained only if such outdoor fire is a controlled fire
and is maintained at a distance of 50 feet from any structure, building or
property line. All outdoor fires, whether maintained in a receptacle or burning
pit or in the open as controlled fires, shall be kept under constant supervision
by a Responsible Adult during incineration and at the end of said period shall
be completely extinguished.
[Amended 7-9-2007 by Ord. No. 2007-3]
D.
Nothing herein shall be construed to prevent fire-fighting
training by township-designated fire-fighting organizations.
A.
It shall be unlawful to allow any outdoor fire, including
cooking fires, within an unsafe distance from any structure, building or property
line.
B.
No outdoor fire shall be set, started, fed, permitted
to burn or maintained where such outdoor fire may endanger any building or
property, except where such building or property is used by the Fire Department
for training purposes or for any other purpose to further public health, safety
and welfare.
C.
Outdoor fires shall be permitted only upon private property
and shall take place at least 20 feet from any building, structure, property
line or road line.
D.
Nothing herein shall be deemed to prohibit indoor cooking
activities, provided that reasonable safeguards are maintained.
E.
Cooking grills may be less than 20 feet from a building,
provided that reasonable safeguards are maintained.
A.
No outdoor fire shall be allowed to burn without a Responsible
Adult being present at all times and without a readily available fire-extinguishing
apparatus, such as a water hose. Sand or dirt may also be considered, provided
that an ample supply is available or shovels and rakes are on hand.
B.
No outdoor fire shall be permitted to burn whenever drought
or extreme weather conditions exist or when a ban on burning has been placed
into effect by the Commonwealth of Pennsylvania or other competent governmental
body. The Board of Supervisors may prohibit any and all outdoor fires when
atmospheric conditions or local circumstances make such fires hazardous.
C.
No outdoor fire shall be set that results in uncontrolled
burning of vegetation or property.
D.
Outdoor fires shall be confined in a noncombustible container,
covered with a wire screen two inches or smaller mesh, or in other suitable
noncombustible container, except for fires of leaves, brush and/or natural,
untreated wood which need not be confined to or covered by a noncombustible
container.
It is a violation of this chapter for any person to allow any fire to
burn under adverse weather conditions or unsupervised or otherwise in an unsafe
manner or as an uncontrolled fire. Any such outdoor fire may be extinguished
by an official of the township-designated fire company or extinguished immediately
upon request of such official.
A.
Except as otherwise specified herein, outdoor fires shall
be permitted upon private property between sunrise and sunset on each day
of the week.
C.
No person shall burn or cause to be burned any paper,
boxes, rubbish, leaves or any other kind of substance in an uncontained fire,
nor shall any person set or maintain any uncontained fire, nor shall any person
burn or cause to be burned an uncontained fire of any substance or material
of any kind anywhere in the township between sunset and sunrise.
D.
Contained fires shall not be permitted to burn or smolder
between the hours of 10:00 p.m. and 5:00 a.m.
E.
Recreational fires, using natural, untreated wood and
containing a fuel source of no more than eight cubic feet, and cooking fires
are permitted at any time so long as they comply with all other provisions
of this chapter.
A.
Burning of by-products of manufacturing and processing
operations and wastes from commercial operations is strictly prohibited.
B.
Nothing herein shall be construed to permit or encourage
the burning of any substance determined by the Commonwealth of Pennsylvania
or the United States Environmental Protection Agency to be a hazardous substance;
nor shall any outdoor fire be permitted to burn by any person if such burning
is in violation of the Air Pollution Control Act or other legislation of the
Commonwealth of Pennsylvania or the United States of America or any other
competent body.
C.
No garbage or offal may be burned at any time either
indoors or out-of-doors.
D.
Outdoor fires shall be used only to burn readily combustible
materials.
E.
Using gasoline to start a fire is strictly prohibited.
In the event that it is necessary to have an uncontained fire of a size
and/or at times other than permitted under this chapter, special permission
must be obtained in advance from the Fire Chief of the volunteer fire company
providing service to the area in which a property is located or his designee.
In the event that any fire company is required to respond to a fire which
violates the provisions of this chapter, a service fee may be levied by the
responding fire company.
[Amended 7-9-2007 by Ord. No. 2007-3]
Any person who violates any provisions of this chapter shall, upon conviction
thereof by summary proceedings, be sentenced to pay a fine of not less than
$150 and not more than $1,000 and costs.
No penalty herein shall prevent the township from enforcing this chapter
by equitable, injunctive and other remedies.
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 provisions of this chapter or by reason
of the conduct of any burning activity in compliance with the terms and provisions
of this chapter. The individual person responsible for any such fire shall
bear sole liability for any damages caused as a result thereof.
