[HISTORY: Adopted by the Board of Supervisors of the Township
of Towamencin 9-22-1993 by Ord. No. 93-6. Amendments noted where
applicable.]
No person shall cause, allow, permit or maintain outdoor 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 this chapter:
[Amended 12-15-1999 by Ord. No. 99-11]
A.
Exceptions for one- and two-family residential dwelling units only:
[Amended 4-27-2011 by Ord. No. 11-02; 6-22-2011 by Ord. No. 11-06]
(1)
The
open burning of yard waste other than leaves shall be permitted on
the premises only at a distance not less than 50 feet (17 meters)
from any structure and so placed as to prevent the spread of fire
to within 50 feet (17 meters) of any structure, vehicle, or fuel tank,
and the fire shall be set not closer than 25 feet (nine meters) to
any property line nor shall be set within the right-of-way of any
street, subject to the following restrictions:
(a)
The
burning of yard waste other than leaves is permitted only on Saturdays
and Sundays throughout the year and daily during the months of April,
May, October, and November, but these time periods may be extended
if in the opinion of the Fire Marshal inclement weather during the
permitted months has resulted in an inadequate opportunity for yard
cleanup.
(b)
Prior
to any burning, the resident shall be required to notify the Township
Police Department.
(c)
No
such burning shall be permitted prior to 8:00 a.m. of any day, and
all fire shall be completely extinguished, including smoldering embers,
prior to dusk on the same day during which it is ignited.
(d)
Such
burning shall be constantly attended by a responsible person. During
such burning, a water hose attached to an operable water faucet or
equipment capable of covering the fire with earth must be in immediate
readiness for use in extinguishing the fire. A water hose, if used,
must be of sufficient length to extend at least 15 feet (five meters)
beyond the site of the burning.
(e)
The
pile size shall not exceed five feet by five feet by three feet high.
If additional piles exist, only one pile may be burning at time.
(f)
Flammable
liquids may not be used to accelerate the burning of the pile.
(2)
The
open burning of yard waste other than leaves shall not be permitted
under this section with any other use other than one- and two-family
residential dwelling units.
B.
Burning shall be permitted for Fire Company training and exhibitions.
C.
Burning shall be permitted for recreational and entertainment purposes
such as bon fires and campfires. Permission for such fires is required
by the Fire Marshal at least 48 hours prior to the event. Contact
the Fire Marshal's office during normal business hours, Monday
through Friday, 8:00 a.m. to 4:00 p.m. for approval.
D.
Burning shall be permitted in conjunction with the production of
agricultural commodities in their unmanufactured state on the premises
of the farm operation.
E.
There are no other exceptions to the Outdoor Burning Chapter except
as otherwise expressly stated in this section.
Burning shall not be permitted during periods of high winds,
drought or weather inversion (i.e., hazardous air quality conditions)
or during or in any other situation deemed hazardous by the Fire Marshal.
Any persons who shall violate any of the terms or provisions
of this chapter shall, upon conviction thereof before a District Justice,
be sentenced to pay a fine or penalty not exceeding $1,000 and the
cost of prosecution for each offense, to be collected as like fines
or penalties and costs due by law collectible.
