[Adopted 12-9-1996 by Ord. No. 179]
This article shall be known and may be cited as the "Harris
Township Open Burning Ordinance."
It is hereby declared to be a matter of public health and safety
to regulate the disposal of waste by open burning in the Township
of Harris. It is further declared that the dangers of open fires,
the air pollution from fires, and the management of waste removal
and disposal necessitate regulation to protect the peace, good order,
and welfare of the Township and the health and safety of its citizens.
[Amended 11-10-2003 by Ord. No. 240]
The following words, terms, and phrases, when used in this article,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
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.
All perishable animal and vegetable matter resulting from
the handling, preparation, cooking, and consumption of food; any solid
or liquid material which, when ignited, creates toxic or noxious fumes,
including but not limited to plastics, rubber, petrochemicals, furniture,
carpets, rags, and old clothing; any waste not herein defined as yard
waste or trade waste.
The total width of any land reserved or dedicated as a street,
alley, or crosswalk, or for other public or semipublic purposes, including
but not limited to the area reserved for cartway, shoulders, drainageways,
and easements.
The Manager of the Township of Harris or his/her authorized
designee, which shall include the Ordinance Enforcement Officer.
All solid or liquid waste material resulting from construction,
building operations, or the performance of any business, trade, or
industry including, but not limited to, asphalt shingles, electric
wiring, plastic products, cartons, paint, grease, oil and other petroleum
products, chemicals, cinders, processed wood, shrubs, plants, and
vegetation as part of a commercial landscape business, and other forms
of solid or liquid waste materials; provided, however, that trade
waste shall not include any coal refuse associated with the mining
or preparation of coal.
Leaves of ornamental or shade trees which fall in the late
summer or autumn.
Material discarded as worthless or of no use.
Waste resulting from the normal maintenance and upkeep of a yard including, but not limited to, limbs, branches, bushes, garden plants, etc.; under no circumstances shall tree leaves be considered as yard waste for the purposes of this subsection. Yard waste shall not include any fire set in conjunction with the production of agricultural commodities as excepted in § 5-6.9C.
It shall be unlawful for any person to ignite or feed an open
fire except in accordance with the regulations set forth herein.
It shall be unlawful for any person to ignite or feed an open
fire for the burning of refuse or trade waste.
[Amended 11-10-2003 by Ord. No. 240]
It shall be unlawful for any person to ignite or feed a fire
for the burning of yard waste unless notification at least one hour
in advance has first been provided to the Centre County Emergency
Communications Center. The dispatch log shall record all notifications
provided. The burning of yard waste shall further be subject to the
following regulations:
A.
Where the burning of yard waste takes place on the premises of a
single-family or two-family dwelling, only yard waste which reasonably
results from the normal maintenance of such property shall be burned.
B.
On the premises of any structure occupied by three or more families,
yard waste shall be burned only in a place approved by the Fire Chief
or Assistant Fire Chief of the Boalsburg Fire Company. Any occupant,
before burning yard waste in such designated place, must also have
the written consent of the owner of the property.
C.
If the Fire Chief or Assistant Fire Chief, or the Centre County Commissioners,
determine that, due to unusual weather conditions or other circumstances,
open burning would constitute a danger to the public health, safety,
or welfare, they may notify the Centre County Emergency Communications
Center and the Township Manager of such conditions, upon which notice
no burning of yard waste will be allowed. Upon cessation of the conditions,
the Fire Chief or Assistant Fire Chief, or the Centre County Commissioners,
shall advise the Centre County Emergency Communications Center and
the Township Manager that such conditions no longer exist. The State
Department of Forestry and the Department of Environmental Protection
to those who may determine if open burning would constitute a danger
to the public health, safety or welfare.
No person shall burn tree leaves for any reason within the Township
of Harris.
[Amended 11-10-2003 by Ord. No. 240]
The following regulations are mandatory for all fires which
are permitted for the burning of yard waste:
A.
No fire shall be started until after the resident who wishes to burn
has notified the Centre County Emergency Communications Center.
B.
All fires shall be properly attended so as to prevent the spread
of fire or the creation of hazardous conditions.
C.
All fires shall be conducted only during daylight hours, defined
as the period from sunrise to sunset.
D.
All fires shall be conducted only on the premises of the owner, provided,
however, that the term "premises" shall not include the area within
the right-of-way of any street.
E.
No fires shall be conducted on any public street nor within the right-of-way
of a public street.
F.
The Fire Marshal may, when he/she determines that there is eminent
or immediate danger to any person(s) or any property, buildings, structures
or premises as a result of a fire, take any and all steps necessary,
within the reasonable performance of his/her duties, to extinguish,
mitigate and/or control that fire in order to preserve and protect
the life, health, welfare or safety of any person(s) and to preserve
and protect property, buildings, structures or premises. The following
regulations are mandatory for all fires which are permitted for the
burning of yard waste.
[Amended 11-10-2003 by Ord. No. 240]
The following types of fires are excepted from the provisions
of this article:
A.
Fires solely for the cooking of food.
B.
Campfires for warmth, fellowship, food preparation, or ceremonial
purposes of private individuals or organizations such as Boy Scouts,
Girl Scouts, etc., must be attended at all times. Campfires must be
of a size and nature to be contained in an enclosed area, such as
a pit or a ring.
C.
Any fire set in conjunction with the production of agricultural commodities
in their unprocessed or unmanufactured state on the premises of the
farm operation. Examples include, but are not limited to, butchering,
making apple butter, etc.
D.
Fires set in the performance of an official duty by any fireman or
public officer where the fire is for the prevention of a hazard which
cannot be abated by other means; for the protection of health, safety,
or welfare; for the purpose of instructing personnel in fire safety;
or for other official purposes.
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fines and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
