Township of Upper Gwynedd, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Gwynedd 7-26-1993 by Ord. No. 93-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 60.
Building construction — See Ch. 63.
Fire prevention — See Ch. 97.
Solid waste — See Ch. 160.
[1]
Editor's Note: This ordinance also repealed former Ch. 69, Burning, Outdoor, adopted 1-28-1991 by Ord. No. 91-1.

§ 69-1 Prohibited acts.

No person shall cause, allow, permit or maintain an outdoor bonfire or the burning of the following on a street or on public or private property, whether in connection with any building operation, in an open dump or otherwise, except as otherwise permitted by § 69-2:
A. 
Garbage.
B. 
Household, business or industrial solid waste, as defined by Upper Gwynedd Code Chapter 160, Solid Waste Management, trash or similar waste products of every kind or nature.
C. 
Yard waste, including, among others, leaves, yard trimmings, brush, grass and similar organic matter.

§ 69-2 Exceptions; recreational fires and burning devices; permits.

[Amended 7-27-2015 by Ord. No. 2015-05]
A. 
Notwithstanding the prohibitions set forth in § 69-1, fires maintained in barbecue pits, grills or similar facilities for the cooking of food are permitted.
B. 
Recreational fires and burning devices. Recreational fires, as defined at Section 302.1 of the International Fire Code, as amended, and recreational burning devices, such as those available commercially or built under the provisions of the International Building Code, as amended, shall be permitted, with the following conditions:
(1) 
Burning that will be offensive or objectionable because of smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
(2) 
The Fire Marshal is authorized to order the extinguishment by the resident or the Fire Department of burning which creates or adds to a hazardous or objectionable situation.
(3) 
Recreational fires shall not be conducted within 25 feet of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.
(4) 
Attendance. Recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 of the International Fire Code with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
(5) 
The size of the device shall be no larger than three feet in diameter and two feet in height.
C. 
The Fire Marshal shall have authority to grant a permit for fires for the following reasons or reasons similar thereto:
(1) 
To prevent or abate a fire hazard.
(2) 
For the purpose of instructing personnel in firefighting.
(3) 
For the prevention and control of disease and pests.
(4) 
For fires set solely for ceremonial purposes.

§ 69-3 Violations and penalties.

A. 
Any person or persons, firms or corporation who shall violate any of the provisions of this chapter, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.
C. 
This section shall not preclude the Township from any other remedy it may have at law or equity.[2]
[2]
Editor's Note: Original § 69-4, Effect on Township Fire Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).