[HISTORY: Adopted by the Board of Supervisors of the Township
of East Allen 11-20-2013 by Ord. No. 2013-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 121.
Nuisances — See Ch. 155.
Solid waste — See Ch. 197.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 76, Burning, Open, adopted 9-27-2007 by Ord. No. 2007-07.
This chapter shall be known and may be cited as the "East Allen
Township Prevention of Fires and Air Pollution from Open Burning Ordinance."
This chapter is adopted for the purpose of promoting public
health, life, safety, morals, welfare, peace, decency, and reasonable
and comfortable use of property, and the tranquility of the community
of the Township of East Allen, County of Northampton, Commonwealth
of Pennsylvania, and to prohibit the burning or incineration of any
and all materials, whether animal, vegetable or otherwise, within
the Township of East Allen, except as hereinafter permitted.
Certain words and terms are used in this chapter for the purposes
hereof and are defined as follows:
The act of consuming by fire; to flame, char, scorch or blaze.
As used in this chapter, "smoldering" shall have the same meaning
as "burning," and any smoldering shall be deemed a burning.
Any nonputrescible waste consisting of Class A combustible
materials, such as paper, cardboard, wood, or similar materials, generated
from within a dwelling, including the real property upon which it
is situated, containing two living units or fewer.
Untreated wood, paper or wood products and paper products
that, when burned, do not emit dangerous or noxious fumes or smoke.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
Any individual, organization, public or private corporation
for profit or not for profit, association, partnership, firm, trust,
estate, department, board, bureau or agency of the commonwealth or
the federal government, political subdivision, municipality, district,
authority or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
Solid waste that contains organic matter capable of being
decomposed by microorganisms and of such a character and proportion
as to cause obnoxious odors and to be capable of attracting or providing
food for birds or animals.
Open burning where the fuel being burned is not contained
in an approved container and the burning occurs for pleasure, religious,
ceremonial, cooking, warmth or other similar purposes. An example
includes, but is not limited to, bonfires and other fires. The size
of a recreational or ceremonial fire shall be limited to and shall
not exceed two feet wide by two feet deep by two feet high.
A.
It shall be unlawful for any person to burn, ignite, incinerate,
or allow to burn, ignite or incinerate, any and all materials, the
burning of which shall emit smoke or noxious fumes, or to cause and
allow an open fire or open burning to occur. Any person violating
any provision of this chapter shall be subject to the penalties herein
provided. A violation of any provision of this chapter on more than
one day shall constitute separate offenses for each day on which a
violation occurs.
The prohibitions set forth in § 76-4 do not apply where the burn, burning, open burning or open fire results from:
A.
A fire set to prevent or abate a fire hazard, when approved in advance
by East Allen Township and set by or under the supervision of the
East Allen Township Volunteer Fire Department and for which a permit
has been issued by East Allen Township.
B.
Any fire set for the purpose of instructing personnel in firefighting,
when approved in advance by East Allen Township and for which a permit
has been issued by East Allen Township.
C.
A fire set for the prevention and control of disease or pests, when
approved in advance by East Allen Township and for which a permit
has been issued by East Allen Township.
D.
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation,
when approved in advance by East Allen Township and for which a permit
has been issued by East Allen Township.
E.
A fire set for the purpose of burning nonrecyclable domestic refuse,
when the fire is on the premises of a structure occupied solely as
a dwelling by two families or less and when the refuse results from
the normal occupancy of the structure, when approved in advance by
East Allen Township and for which a permit has been issued by East
Allen Township.
F.
A fire set solely for recreational or ceremonial purposes, when approved
in advance by East Allen Township and for which a permit has been
issued by East Allen Township.
G.
A fire set solely for cooking food in:
(1)
Devices designed for that purpose, which must not be located within
an enclosed structure or under a roofed structure; or
(2)
Charcoal cooking units, which must not be located on balconies, decks
or porches exceeding one story in height of multiunit buildings or
apartment units, whether residential or mixed uses.
In addition to the prohibition of burning contained herein,
the Air Pollution Control Act of the Commonwealth of Pennsylvania,
P.L. 2119, 35 P.S. § 4001 et seq., as amended, and the provisions
and conditions contained therein, as well as regulations of the Department
of Environmental Protection of the Commonwealth of Pennsylvania, as
they pertain to said Act at 25 Pa. Code § 129.14 et seq.,
as amended, are incorporated in this chapter as if the same were set
forth herein at length.
Permits required hereunder are to be applied for at the East
Allen Township municipal offices on such application forms as required
by East Allen Township, at a permit fee as determined from time to
time by resolution of the Board of Supervisors. The Board of Supervisors,
acting by resolution, shall have the authority to restrict the days
and hours of any burning authorized under any permit.
No burning of any kind shall be allowed on those days on which
the National Weather Service announces a "red flag" day, which are
days when the danger of forest or grass fires is found to be high,
regardless of whether a permit for burning has been issued. Holders
of permits issued under this chapter are not permitted to engage in
any burning on "red flag" days.
The Chair of the Board of Supervisors or the Township Manager
may declare a fire ban emergency in East Allen Township, with or without
consultation with the East Allen Township Volunteer Fire Department
and with or without consultation with the Board of Supervisors, during
periods of drought, periods of high fire risk to woodlands or property
within East Allen Township, or for reasons of the health, safety or
welfare of residents of East Allen Township. Upon the declaration
of a fire ban emergency, all outdoor burning or fires shall be prohibited
until the ban is lifted by vote of the Board of Supervisors or the
Chair of the Board of Supervisors or the Township Manager.
Holders of permits issued pursuant to this chapter are required
to notify the County of Northampton 911 Center before the start of
any burning authorized by such permit.
Burning authorized by any permit issued pursuant to this chapter
must result in complete extinguishment of fire and smoke generation
before dusk. No fire and smoke generation is permitted before dawn.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not less
than $100 nor 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.
