[HISTORY: Adopted by the Board of Supervisors of the Township
of Unity 3-28-2006 by Ord. No.
O-3-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 55, Fires,
Outdoors, adopted 6-20-1974 by Ord. No. 51674A, as amended.
[Amended 8-9-2007 by Ord.
No. O-7-07; 12-8-2022 by Ord. No. O-5-2022]
A.
Purpose. The Board of Supervisors of Unity Township recognizes that
burning and outdoor fires are, from time to time, necessary for the
disposal of light brush, branches and twigs on properties within the
Township. The Board of Supervisors also acknowledges that burning
and outdoor fires create a risk of harm and annoyance to the owners
of adjacent properties. The Board of Supervisors adopt those provisions
set forth hereafter to authorize burning and outdoor fires under and
subject to those conditions set forth hereafter in order to minimize
the effect of outdoor burning and fires on adjoining properties.
B.
Applicability of this chapter. No person shall kindle or maintain
any bonfire or large outdoor fire, or authorize any such fire to be
kindled or maintained on any public or private property within the
Township other than as set forth in this chapter. Any person who burns,
sets or maintains an outdoor fire in a manner that is contrary to
those provisions set forth hereafter, shall be in violation of this
chapter and subject to those penalty provisions set forth hereafter.
C.
Time for burning. Unless prohibited by a burning ban as set forth in Subsection G below, or otherwise authorized hereafter, burning is only permitted in the Township from dawn to dusk on Tuesdays and Saturdays. All fires must be completely extinguished by dusk. No burning is permitted on the day of a federal or state holiday, or the weekend immediately preceding or immediately following a holiday on which the Township offices are closed. That is, if a holiday is observed on a Friday, no burning shall occur on the Saturday or Sunday that immediately follows. If a holiday is observed on a Monday, no burning shall occur on the Sunday or Saturday that immediately precedes the Monday holiday. All other outdoor burning and fires are expressly prohibited and shall be a violation of this section. It shall be the responsibility of the property owner and/or the person responsible for starting or maintaining any fire to contact the Township to determine whether a burning ban is in place before starting or maintaining any fire.
[Amended 10-12-2023 by Ord. No. O-6-2023]
D.
Burning of certain materials prohibited. All outdoor burning is restricted
to the burning of light brush, branches and twigs. No person or persons
shall burn or cause to be burned any garbage, newspaper or paper products,
rubber, tires, trees or tree stumps, leaves that have fallen on the
ground, paint, animal waste, plastics, diapers, toxic materials, or
other matter consisting of solid waste. The burning of grass and/or
leaves that have fallen on the ground is strictly prohibited on any
property in the Township.
[Amended 10-12-2023 by Ord. No. O-6-2023]
E.
Fire control. All outdoor fires shall be controlled in a safe manner,
be continually attended and have an adequate water supply or equal
extinguishment agent immediately available throughout the duration
of the burning. No person shall set or maintain any fire within 50
feet of any structure or 25 feet of any adjoining property line. The
use of burn barrels to contain the burning of light brush, branches
and twigs is permitted provided the burn barrel is located a minimum
of 50 feet from any structure and a minimum of 25 feet from any adjoining
property lines. The foregoing notwithstanding, no person shall deliberately,
knowingly, carelessly or negligently kindle or maintain any fire,
or cause the burning of any material, or kindle or maintain a fire
of such size, or in such a manner as to endanger the safety of any
person or property.
F.
Fires and burning authorized by the Township. Outdoor fireplaces
and grills used solely for food preparation purposes shall be exempt
from these regulations. Bonfires for amusement purposes shall be permitted
only upon the specific approval of the Unity Township Ordinance Officer.
G.
Burning bans. To mitigate the threat to the public health, safety
and welfare, the Board of Supervisors may impose an emergency ban
on burning throughout the Township where dry weather conditions warrant
same. Any emergency burning ban shall be posted on the Township's
website and at the Township Municipal Building at the time it is issued
and either be affirmed, reaffirmed or lifted by the Board of Supervisors
at its next public meeting following the date such ban is imposed.
A burning ban may be issued at the request of the Unity Township Fire
Bureau or the Ordinance Officer if dry weather conditions dictate
a need for same. It is unlawful and a violation of this ordinance
to burn during a Township-wide burning ban.
A.
For
the purposes of this section, a "land development" shall be the clearing
of land for construction purposes where the land area to be cleared
is in excess of one acre.
B.
Burning
of any kind is specifically prohibited in land developments situate
in Unity Township.
C.
In
lieu of burning, all debris from clearing land in Unity Township shall
be removed and/or chipped.
[Amended 10-9-2008 by Ord. No. O-14-2008]
A.
Any person, firm or corporation who shall violate or fail to conform
to any provision of this chapter shall be guilty of a summary offense
and, upon conviction thereof, shall be sentenced to pay a fine of
$100 for a first offense; $300 for a second offense and a minimum
fine of $500 for a third or subsequent offense which occurs in any
twelve-month period. In addition to the foregoing penalty, anyone
found guilty under this chapter shall be assessed with the costs of
prosecution and reasonable attorney's fees incurred by the Township
in the prosecution of the offence. In default of the payment of any
fine and/or penalty set forth herein, the violator shall be sentenced
to the maximum term of imprisonment permitted for summary offenses.
B.
In the event any Fire Company is dispatched to the location of any
fire or outdoor burning occurring in violation of this chapter, then
an additional fine and/or penalty of $150 for each Fire Company dispatched
shall be added to the amount of the fine set forth above.
C.
Prior to the initiation of proceedings under this chapter, the Township
Code Enforcement Officer may send a notice of violation to an alleged
violator notifying him or her of the Township's intent to initiate
summary proceedings against him or her. Any person, firm or corporation
receiving such notice may avoid further prosecution by acknowledging
his or her violation of this chapter and paying a fine of $100 directly
to the Township for a first offense, $300 for a second offense and
$500 for a third or subsequent offense occurring in any twelve-month
period. The failure to make such payment within the time prescribed
in the notice of violation will result in prosecution of the violator
under this section.
