[HISTORY: Adopted by the Board of Supervisors of the Township of
West Hempfield 6-2-1992 as Ord. No. 4-92. Amendments noted where applicable.]
This chapter shall be known as may be cited as the "West Hempfield Township
Open Burning Ordinance."
As used in this chapter, the following terms shall have the meanings
indicated:
Open burning on the premises of a farm operation producing air contaminants
and air pollution arising from the production of agricultural commodities
in their unmanufactured state, excluding open burning of materials produced
or manufactured off the premises of the farm operation other than paper, wood
or organic-based materials directly associated with active agricultural practices.
[Amended 8-2-1994 by Ord.
No. 2-94]
Smoke, dust, fumes, gas, odor, mist or vapor, or any combination
thereof.
Trees, shrubs and other native vegetation which are cleared from
land prior to or during the process of construction. The term does not include
demolition wastes, construction wastes, industrial wastes or dirt-laden roots.
The Department of Environmental Resources of the Commonwealth of
Pennsylvania.
Any duct, pipe, stack, chimney or conduit permitting air contaminants to be emitted into the outdoor atmosphere which is of such a nature as to permit the performance of the test methods and procedures as described in Chapter 139 of Title 25 of the Regulations of the Department of Environmental Resources (Air Quality).
An intentionally ignited fire which emits air contaminants into the
outdoor atmosphere, except those fires where the air contaminants are emitted
into the outdoor atmosphere through a flue and those fires ignited solely
for the purpose of cooking food.
Any individual, public or private corporation, for profit or not
for profit, association, partnership, firm, trust, estate, department, bureau
or agency of the commonwealth, political subdivision, authority or any other
legal entity whatsoever which is recognized by law as the subject of rights
and duties.
Any employee of DER while acting in his or her official capacity,
a police officer or the Zoning Officer of the Township.
The Township of West Hempfield, Lancaster County, Pennsylvania.
Except as hereinafter provided, no person shall conduct open burning
within the jurisdictional boundaries of the township except as follows:
A.
Any open burning ignited to abate or prevent a fire hazard
when the open burning is ignited under the supervision of a public officer.
B.
Any open burning ignited for the purpose of instructing
fire company personnel in fire-fighting techniques.
C.
Any open burning ignited for the prevention and control
of disease or pests.
D.
Any agricultural burning.
E.
Any open burning ignited to burn clearing and grubbing
wastes.
F.
Any open burning ignited solely for recreational or ceremonial
purposes.
All burning shall be conducted in accordance with the following regulations:
A.
All open burning shall be conducted in a safe and reasonable
manner and in a location that does not endanger life or property and does
not unreasonably interfere with comfortable enjoyment of life or property.
A minimum of 100 feet from any residential building or structure is required
for all open burning.
B.
No open burning shall continue after sunset.
C.
No open burning shall be conducted during fire hazard
periods as declared by the township or the Commonwealth of Pennsylvania or
during declared drought emergencies or periods of high winds.
D.
All open burning shall be extinguished upon the order
of a public officer. The Fire Chief or acting fire fighter in charge may request
that a fire be extinguished when a hazard is present or burning is not within
the guidelines of this chapter.
E.
Open burning is subject to the Pennsylvania Department
of Environmental Resources regulations. Approval and permits shall be obtained
from the DER for all open burning subject to its current regulations.
[Amended 9-3-1996 by Ord.
No. 3-96; 5-6-1997 by Ord.
No. 6-97]
For each violation of the provisions of this chapter, any person who
commits, takes part in or assists in any such violation shall be liable, upon
conviction thereof in a summary proceeding to pay a fine of not less than
$200 nor more than $1,000 for each offense, together with the costs of prosecution.
Each day or portion thereof in which a violation exists shall be considered
a separate violation of this chapter, and each section of this chapter which
is violated shall be considered a separate violation. In default of payment
of such fine, such person shall be liable to imprisonment for a period not
exceeding 30 days.
