[HISTORY: Adopted by the Board of Supervisors
of the Township of Chartiers 11-7-2000 by Ord. No. 278. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Chartiers Township Board of Supervisors.
Any enclosed device specifically designed for the burning
of any material for the production of heat.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
Any outdoor fire. Open burning shall not include the exemptions set forth in § 122-4.
[Added 8-21-2012 by Ord. No. 335]
A fire in which any material is burned in the open or in
a receptacle other than a furnace or incinerator.
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, department, bureau, agency or other entity
recognized by law as the subject of rights and duties.
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, carpets,
wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings,
furniture. Rubbish does not include plastic; plastic may not be burned.
This chapter shall be enforced by the Chartiers
Township police or the Chartiers Township Code Enforcement Officer
or any other person designated by the Board.
A.Â
It shall be unlawful for any person to set or maintain
any fire upon any of the streets, sidewalks, alleys or public grounds
in the Township of Chartiers.
B.Â
Outdoor fires are permitted in all districts in the
Township, provided that, except as otherwise specified in this chapter,
every outdoor fire shall be contained in and confined to a noncombustible
container with a screen of 1/2 inch or smaller mesh, or with other
suitable noncombustible cover, and shall not be permitted closer than
25 feet from any property line.
[Amended 10-16-2001 by Ord. No. 287]
C.Â
Garbage shall not be burned. Rubbish may be burned.
D.Â
In agricultural areas, or burning by farmers in farming operations or burning permitted under § 122-3J, outdoor fires may be built without the containers described in § 122-3B, provided that said fire is personally supervised and controlled at all times and completely extinguished prior to relinquishment of personal supervision.
E.Â
No fire shall be left unattended.
F.Â
No fire shall be left smoldering but shall be totally
extinguished when unattended.
G.Â
No fire shall contain any garbage, any material made
of or coated with rubber, plastic or petroleum-based materials and
shall not contain any flammable or combustible liquids.
H.Â
Outdoor fires shall be permitted on Wednesday and
Saturday of every week from 12:00 noon to 7:00 p.m. prevailing time
or sunset, whichever is earlier.
I.Â
Any person may apply for a permit to burn at times
not permitted by this chapter by submitting a written application
with the Township Zoning Officer and the payment of any fee established
by resolution of the Board.
J.Â
Burning of trees and brush incidental to the development
of land or the construction of buildings is permitted, provided that
a burning permit is obtained from the Code Enforcement Officer or
other person appointed by the Board upon written application by the
developer and payment of an application fee to be set by the Board
by resolution. This permit may be for one or more days depending on
the length of time to complete the project for which the permit was
obtained.
K.Â
Permits will be issued to farmers to permit burning
in the course of their farming operations and/or fence clearing. This
permit shall be for a season and issued to farmers for a nominal fee.
L.Â
Any permit issued by the Township permitting burning
at times not established by this chapter shall be subject to the following
regulations:
(1)Â
No hazardous materials may be burned; such fire shall
be supervised; at the end of the workday, sunset at the latest, all
fires must be extinguished and not permitted to smolder overnight.
(2)Â
No burning will be permitted on Sundays or holidays.
(3)Â
No burning shall be permitted before 9:00 a.m. prevailing
time.
(6)Â
Any application submitted pursuant to this chapter
shall be on a form provided by the Township.
(7)Â
No application shall be considered until the completed
application is submitted to the Zoning Officer and the application
fee is paid.
M.Â
Any open burning which does not comply with the provisions of this
chapter is hereby declared a public nuisance.
[Added 8-21-2012 by Ord. No. 335]
[Added 8-21-2012 by Ord. No. 335]
A.Â
In the event that the Board of Supervisors declares an emergency
or that there is an imminent emergency situation presenting an unusual
fire risk as the result of drought, weather or other conditions, the
Board of Supervisors may, by resolution, impose a ban on all open
burning. Such an emergency or imminent emergency may be declared by
the Chairman of the Board of Supervisors and a burn ban issued by
the Chairman of the Board of Supervisors. Any such emergency or imminent
emergency or burn ban declared by the Chairman shall expire at the
next regularly scheduled or special meeting of the Board of Supervisors
unless such declaration is ratified by the Board of Supervisors at
that next regular or special Board of Supervisors meeting.
B.Â
If a burn ban is declared, the Township shall take reasonable steps
to notify Township residents of such a ban.
C.Â
In the event that a person has not been notified of the burn ban,
a warning shall be issued to that person for that person's first violation.
A citation will be issued for any subsequent violations.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
This chapter does not supersede any state or
federal permit requirements, and any person burning in Chartiers Township
must use due diligence to determine the necessity of any state and/or
federal permits and acquire the same.