[Ord. 2012-10, 11/15/2012, § 1]
This Part shall be known as the "Lower Macungie Township Burn
Ordinance."
[Ord. 2012-10, 11/15/2012, § 2]
It is against public policy to permit irresponsible, careless,
uncontrolled and unrestricted outdoor burning. The purpose of this
Part is to prevent damage to life and property, which occur as a result
of irresponsible, careless, uncontrolled and unrestricted outdoor
burning and open flames.
[Ord. 2012-10, 11/15/2012, § 3]
A non-combustible container or enclosure engineered or designed
for outdoor use such as a chiminea, outdoor fireplace, fire pit or
similar type of container that can be purchased at local retailers.
Any openings in the container must be covered with a wire mesh or
other screening material that will prevent the passage of sparks and
embers.
Any fire that is contained in a fireplace, cooking grill
or other contained enclosure designed for outdoor cooking or heating
purposes, and/or a fireplace container.
The Fire Chief, Fire Marshal, any officer of the Lower Macungie
Fire Department, the Fire Inspector and any other Lower Macungie Township
Code Enforcement official shall be designated as enforcement officers
pursuant to this Part.
A fire pit includes, but is not limited to, below ground
pits, freestanding fireplaces, and portable devices intended to contain
and control outdoor fires. Below ground fire pits shall be at least
four inches in depth and shall be surrounded on the outside, above
ground, by a non-combustible material such as steel, brick or masonry.
The fire pit cannot exceed three feet in diameter, nor may the height
exceed two feet in height. Fire pits shall only be used in accordance
with the manufacturer's specifications and restrictions with this
Part.
Any fire outside a building or structure including, but not
limited to, any fire maintained in containers, enclosures, barrels
or devices commonly known as "burn barrels." Open fires include brush
fires and field fires that are not confined by any type of container.
Any and all appliances or equipment used for the sole purpose
of food preparation that utilize charcoal, natural gas, or liquefied
petroleum as a fuel or heat source. This equipment must comply with
the provisions of this Part.
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.
A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer and other similar uses.
[Ord. 2012-10, 11/15/2012, § 4]
1.
General. The enforcement officer is hereby authorized to enforce
the provisions of this Part and shall have the authority to render
interpretations of this Part, and to adopt policies, procedures, rules
and regulations in order to clarify the application of its provisions.
Such interpretations, policies, procedures, rules and regulations
shall be in compliance with the intent and purpose of this Part and
shall not have the effect of waiving requirements specifically provided
for in this Part.
2.
Applications and Permits. The enforcement officer is authorized to
receive applications, review and issue permits for fires regulated
by this Part, issue permits for operations regulated by this Part,
inspect the premises for which such permits have been issued and enforce
compliance with the provisions of this Part.
3.
Right of Entry. Whenever it is necessary to make an inspection to
enforce the provisions of this Part, or whenever the enforcement officer
has reasonable cause to believe that there exists in a building or
upon any premises any conditions or violations of this Part which
make the building or premises unsafe, dangerous or hazardous, the
enforcement officer shall have the authority to enter the building
or premises at all reasonable times to inspect or to perform the duties
imposed upon the enforcement officer by this Part. If such building
or premises is occupied, the enforcement officer shall present credentials
to the occupant and request entry. If such building or premises is
unoccupied, the enforcement officer shall first make a reasonable
effort to locate the owner or other person having charge or control
of the building or premises and request entry. If entry is refused,
the enforcement officer has recourse to every remedy provided by law
to secure entry.
4.
Notices and Orders. The enforcement officer is authorized to issue
such notices or orders as are required to affect compliance with this
Part.
[Ord. 2012-10, 11/15/2012, § 5]
1.
Permit Required. A permit shall be obtained from the enforcement
officer prior to kindling a fire for recognized silvicultural or range
or wildlife management practices, prevention or control of disease
or pests, or a bonfire. Application for such approval shall only be
presented by and permits issued to the owner of the land upon which
the fire is to be kindled. Such permission shall not be construed
as authority to violate, cancel or set aside any of the provisions
of this Part or other applicable regulations or laws of the jurisdiction.
A permit shall not be issued until the fees have been paid, nor shall
an amendment to a permit be released until the additional fee, if
any, has been paid.
2.
Application. Application for a permit required by this Part shall
be made to the enforcement officer in such form and detail as prescribed
by the enforcement officer. Applications for permits shall be accompanied
by such plans as prescribed by the enforcement officer.
3.
Revocation. The enforcement officer is authorized to revoke a permit
issued under the provisions of this Part when it is found by inspection
or otherwise that there has been a false statement or misrepresentation
as to the material facts in the application on which the permit or
approval was based including, but not limited to, any one of the following:
A.
The permit is used for a location or establishment other than that
for which it was issued.
B.
The permit is used for a condition or activity other than that listed
in the permit.
C.
Conditions and limitations set forth in the permit have been violated.
D.
There have been any false statements or misrepresentations as to
the material facts in the application for permit or plans submitted
or a condition of the permit.
E.
The permit is used by a different person or firm other than the name
for which it was issued.
F.
The permittee failed, refused or neglected to comply with orders
or notices duly served in accordance with the provisions of this Part
within the time provided therein.
G.
The permit was issued in error or in violation of an ordinance or
other Township regulation.
[Ord. 2012-10, 11/15/2012, § 6]
1.
A person shall not kindle or maintain or authorize to be kindled
or maintained any open burning unless conducted and approved in accordance
with this Part. All approved open fires must be maintained in accordance
with the following restrictions:
A.
The open fire must be attended at all times by a person over the
age of 18, the site of the fire shall be controlled as to prevent
endangerment to property or person, and the site of the fire shall
not exceed 400 square feet.
B.
It shall be unlawful for any person to burn, ignite or feed any open
fire on lots that are less than one acre in size.
C.
It shall be unlawful for any person to burn, ignite or feed any open
fire that is maintained or kindled in container enclosures such as
barrels, incinerators, and/or devices commonly known as burn barrels.
D.
It shall be unlawful for any person to burn, ignite or feed any open
fire without providing the Township with notice prior to igniting
said fire.
E.
It shall be unlawful for any person to burn, ignite or feed any open
fire between the hours of 11:00 p.m. and 6:00 a.m.
F.
It shall be unlawful for any person to burn, ignite or feed any open
fire less than 50 feet from any building, structure, dwelling and/or
aboveground utility line.
G.
Provisions shall be made to prevent the fire from spreading to within
50 feet of any structure.
H.
It shall be unlawful for any person to burn, ignite or feed any open
fire less than 100 feet from any right-of-way or property boundary
line.
I.
It shall be unlawful for any person to burn, ignite or feed any open
fire whenever drought or extreme weather conditions exist or when
a ban on burning has been instituted by the Commonwealth of Pennsylvania.
Notice of such restriction shall be posted at the Township fire department
and the Township building.
J.
It shall be unlawful for any person to burn, ignite or feed any open
fire any materials which create noxious or objectionable emissions,
or any materials that are prohibited by state and/or federal regulations,
including, but not limited to:
(1)
Tires or other rubber products.
(2)
Roof shingles or other roofing materials.
(3)
Treated wood.
(4)
Electrical wire insulations.
(5)
Fiberglass and home insulation.
(6)
Plastic and vinyl products.
(7)
Asbestos containing materials.
(8)
Paint, oil and petroleum products.
(9)
Painted or stained wood furniture.
(10)
Mattresses, box springs and/or other home furnishings.
(11)
Any metal objects.
(12)
Television sets or appliances.
(13)
Automobiles, automobile parts, including batteries.
(14)
Diapers.
(15)
Human and animal wastes.
(16)
Animal hides, furs or skins.
(17)
Dirt laden roots or tree stumps.
(18)
Rubbish or garbage.
(19)
Recyclable material.
[Ord. 2012-10, 11/15/2012, § 7]
It shall be unlawful to bum, ignite, incinerate, maintain or
permit to burn any open fire, of whatever nature, without complying
with this Part.
[Ord. 2012-10, 11/15/2012, § 8]
The Township enforcement officer may extinguish or direct any
property owner or person in charge of an open fire to immediately
extinguish said open fire if the open fire is in violation of this
Part and/or is deemed a threat to the safety of persons and property
by the enforcement officer.
[Ord. 2012-10, 11/15/2012, § 9]
The enforcement official is authorized to order the extinguishment
by the permit holder and/or another person responsible for open burning
that creates or adds to a hazardous or objectionable situation. The
enforcement official may authorize the fire department to extinguish
the prohibited fire in the event that said fire is beyond the scope
and ability of the responsible party and/or property owner to extinguish
said fire.
[Ord. 2012-10, 11/15/2012, § 1]
1.
Notice of Violation. When the enforcement officer finds a building,
premises, vehicle, storage facility or outdoor area that is in violation
of this Part, the enforcement officer shall prepare a written notice
of violation describing the conditions deemed unsafe and, when compliance
is not immediate, specifying a time for reinspection.
2.
Criminal Penalties. Upon notice of violation and failure to immediately
comply, any person who violates any provision of this Part commits
a summary offense and shall, upon conviction therefore before any
magisterial district justice, be sentenced to pay a fine or penalty
of not less than $100 or more than $2,500 for each separate offense,
plus costs and, in default of the payment of such fine, may be sentenced
to imprisonment for 90 days for each separate offense. Agents and
employees of the Township authorized to conduct inspections or investigations
are hereby declared to be enforcement officers authorized to issue
or file citations for summary violations of this Part, and the Township
Solicitor is hereby authorized to prosecute theses offenses.
3.
Civil Penalties and Remedies. In addition to all other enforcement
remedies, the Township may file an action in a court of competent
jurisdiction against any person for any and all costs, expenses, damages
and penalties for which the person may be liable under this Part.
[Ord. 2012-10, 11/15/2012, § 1]
In the event that fire department response is authorized for the containment and extinguishing of a fire created in violation of this Part, the property owner will be assessed a $500 fee to defray personnel and equipment costs incurred by the Township. This fee is in addition to the penalties set forth in § 10-410 above.
[Ord. 2012-10, 11/15/2012, § 12]
The Township and its agents, officials and representatives shall
not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the provisions of this
Part, or by reason of any burning activity in compliance with this
Part. The person responsible for any such fire shall bear sole liability
for any damages caused as a result thereof.
