[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Gwynedd 7-26-1993 by Ord. No. 93-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 60.
Building construction — See Ch. 63.
Fire prevention — See Ch. 97.
Solid waste — See Ch. 160.
[1]
Editor's Note: This ordinance also repealed
former Ch. 69, Burning, Outdoor, adopted 1-28-1991 by Ord. No. 91-1.
No person shall cause, allow, permit or maintain an outdoor bonfire or the 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 § 69-2:
[Amended 7-27-2015 by Ord. No. 2015-05]
A.
Notwithstanding the prohibitions set forth in § 69-1, fires maintained in barbecue pits, grills or similar facilities for the cooking of food are permitted.
B.
Recreational fires and burning devices. Recreational fires, as defined
at Section 302.1 of the International Fire Code, as amended, and recreational
burning devices, such as those available commercially or built under
the provisions of the International Building Code, as amended, shall
be permitted, with the following conditions:
(1)
Burning that will be offensive or objectionable because of smoke
or odor emissions when atmospheric conditions or local circumstances
make such fires hazardous shall be prohibited.
(2)
The Fire Marshal is authorized to order the extinguishment by the
resident or the Fire Department of burning which creates or adds to
a hazardous or objectionable situation.
(3)
Recreational fires shall not be conducted within 25 feet of a structure
or combustible material. Conditions which could cause a fire to spread
within 25 feet of a structure shall be eliminated prior to ignition.
(4)
Attendance. Recreational fires shall be constantly attended until
the fire is extinguished. A minimum of one portable fire extinguisher
complying with Section 906 of the International Fire Code with a minimum
4-A rating or other approved on-site fire-extinguishing equipment,
such as dirt, sand, water barrel, garden hose or water truck, shall
be available for immediate utilization.
(5)
The size of the device shall be no larger than three feet in diameter
and two feet in height.
C.
The Fire Marshal shall have authority to grant a permit for fires
for the following reasons or reasons similar thereto:
A.
Any person or persons, firms or corporation who shall
violate any of the provisions of this chapter, upon conviction thereof,
shall be liable to pay a fine or penalty not to exceed $1,000 plus
costs of prosecution for each and every offense. All fines and penalties
imposed by this chapter are recoverable by summary proceedings before
the Magisterial District Judge, and all suits or actions at law instituted
for the recovery thereof are to be in the name and for the use of
Upper Gwynedd Township, against which the offenses are committed.
In default of payment of any fine or penalty imposed by any Magisterial
District Judge under the provisions of this chapter, the person or
persons so offending may be committed to the Montgomery County Prison
for a period not exceeding 30 days.[1]
B.
Each day a violation is committed shall constitute
a separate offense and shall be punishable as such hereunder.
