[Ord. 2010-07, 12/13/2010, § 1]
This Part shall be known as the "2010 Lower Mount Bethel Township
Burning Ordinance."
[Ord. 2010-07, 12/13/2010, § 2]
This Part is enacted pursuant to the authority of the Act of
Assembly of May 1, 1933, P.L. 103, as amended.
[Ord. 2010-07, 12/13/2010, § 3]
When used in this Part, the following words, terms, and phrases
shall have the following meanings respectively ascribed to them, unless
the context clearly indicates otherwise:
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this Part, smoldering shall have the same meaning
as burning and any smoldering shall be deemed a burning. The terms
"burn" and "burned" shall have the same meaning as burning.
An area-wide prohibition on all outdoor burning imposed by
a government body or authority, whether local, state, or federal.
Trees, shrubs and other vegetation which are cleared from
land during or prior to the process of construction. The terms does
not include demolition wastes and dirt laden roots.
Waste which is generated as the result of construction or
demolition, which shall include, however, is not limited to, shingles,
paint, siding, insulation, metals, carpet, flooring, all solid or
liquid material or rubbish, plastic products, cartons, grease, oil
and other petroleum products, chemicals, cinders, and other forms
of solid or liquid waste materials.
Waste which is generated from the normal residential occupancy
of a structure, occupied solely as a dwelling by two families or less,
including, but not limited to, all animal and vegetable matter resulting
from the handling, preparation, cooking and consumption of food. The
term does not include appliances, construction waste, furniture, mattresses
or box springs, putrescible waste, solvents, tires or treated wood.
The person(s) appointed by the Lower Mount Bethel Township
Board of Supervisors in accordance with the Pennsylvania Emergency
Management Services Code, 35 Pa.C.S.A. § 7101 et seq.
The fire company officially recognized by the Lower Mount
Bethel Township Board of Supervisors from time to time.
Responsible party for a subject property, including, but
not limited to, the record owner of the property and/or any tenant
of the property.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district authority
or any other legal entity whatsoever which is recognized by law.
An outdoor fire set solely for cooking, aesthetics, recreational
and/or social gathering purposes, and not for the purpose of disposing
of yard waste, which fire burns in an outdoor fire place, wood stove,
chimineas, patio heater, fire pit, permanent or temporary fire ring
with a defined barrier or similar fire proof structure intended to
prevent the spread of fire.
Clear glass containers, brown glass containers, green glass
containers, aluminum cans, bimetal cans, plastic containers, newspapers
and corrugated paper (cardboard).
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise and physically manage
a fire.
Leaves, grass clippings, garden residue, tree trimmings,
brush, chipped shrubbery and other vegetative material not otherwise
fitting within the definition of clearing and grubbing waste.
[Ord. 2010-07, 12/13/2010, § 4]
No person shall set or maintain any fire upon any street, sidewalk,
alley or public ground within the Township of Lower Mount Bethel,
or burn or cause to be burned thereon any substance or material of
any kind. The Board of Supervisors retains the right to waive the
restriction found in this section in its sole and absolute discretion.
[Ord. 2010-07, 12/13/2010, § 5]
1.
No person shall set or maintain any fire, or burn or cause to be
burned any substance or material of any kind on private property unless
in strict compliance with the following regulations:
A.
All fires may only be ignited by a responsible adult. All fires must
be attended at all times by at least one responsible adult.
B.
Prior to igniting a fire, the area around the fire shall be raked
and free of leaves, twigs, and other combustible material for a distance
of 10 feet.
C.
An adequate supply of water or fire extinguishers sufficient to extinguish
the fire must be kept in close proximity to the fire.
D.
No fires may be ignited, maintained, or allowed to smolder during
burning bans.
E.
All fires must be extinguished by sunset prevailing local time.
F.
Prior to burning, the owner shall secure permission from the Fire
Chief or Assistant Fire Chief of the Fire Department at least 24 hours
in advance. Permission shall only be given after the Fire Chief or
the Assistant Fire Chief has concluded that such burning can be done
in a safe manner that does not constitute a nuisance and/or jeopardize
the health, safety and welfare of Township residents.
[Ord. 2010-07, 12/13/2010, § 6]
1.
Notwithstanding any regulations found in § 7-205 above, recreational fires are permitted on private property at any time, provided that the burning associated with a recreational fire shall:
[Ord. 2010-07, 12/13/2010, § 7]
1.
The following materials shall not be burned in Lower Mount Bethel
Township at any time, under any circumstance:
[Ord. 2010-07, 12/13/2010, § 8]
1.
The Lower Mount Bethel Township Board of Supervisors authorizes the
Fire Department to establish a burning ban when conditions are present
that represent a greater risk to the public's health and safety.
The Lower Mount Bethel Township Board of Supervisors also authorizes
the Emergency Management Coordinator to establish a burning ban, if
he or she deems it to be in the best interest of the health, safety
and welfare of the residents. A burning ban shall be publicly advertised
in a newspaper of general circulation in the Township by the individual
establishing the burning ban and the removal of the burning ban shall
be publicly advertised in a newspaper of general circulation in the
Township.
2.
During a burning ban, all burning on private property shall constitute
a violation of this Part.
3.
No burning shall occur on red flag days as determined by the National
Weather Service.
[Ord. 2010-07, 12/13/2010, § 9]
1.
The Board of Supervisors of Lower Mount Bethel Township grants authority
of enforcement of this Part to the following officers of the designated
Fire Department: Fire Chief, 1st Assistant Chief, 2nd Assistant Chief,
Lieutenant and Captain, as well as the designated Township Zoning
Officer.
2.
The designated enforcement officers may:
A.
File the appropriate citations with the magisterial district judge
and attend legal proceedings on behalf of the Township in exercising
enforcement of this Part.
B.
Enter and inspect, pursuant to consent or appropriate legal authorization,
any building, property, premise or place for the purpose of investigating
an actual or suspected source of burning or for the purpose of ascertaining
compliance or noncompliance with any regulation of this Part.
C.
Send written notice of any violation of this Part to the person responsible
for the violation.
[Ord. 2010-07, 12/13/2010, § 10; as amended by
A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, 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 less than $100 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense. The
Township Solicitor's office may assume charge of the prosecution
without the consent of the District Attorney as required under the
applicable Pennsylvania Rules of Criminal Procedure relating to trial
in summary cases. All fines and penalties collected for any violation
of this Part shall be paid to the Township and delivered to the Township
Treasurer for deposit.
[Ord. 2010-07, 12/13/2010, § 11]
1.
In addition to or in lieu of an enforcement action before a magisterial
district judge, the Township may enforce this Part as an equity action
in the Northampton County Court of Common Pleas. In the event an abatement
notice has been issued which is being violated, or in any other appropriate
circumstance, any official designated by this Part is authorized on
behalf of the Township to institute an action in equity for an injunction
to enforce compliance herewith and/or to restrain continuous violations
of this Part.
2.
In the case of a burning requiring firefighters and/or equipment
and upon conviction of any violation of this Part and/or upon being
found to be in violation of this Part in a civil action, the owner
shall also pay charges in order to cover the firefighting costs, including,
but not limited to, the following firefighting equipment, pumpers,
tankers, chain saws, etc. Additional labor charges shall be assessed
under this Part based upon an hourly rate for all firemen engaged
in the firefighting activities. The Board of Supervisors shall determine
by resolution a reasonable schedule of costs based upon mileage, operating
costs and fire fighting equipment and man hours. These charges shall
be in addition to and not in lieu of any penalties provided elsewhere
in this Part.
3.
The owner shall be also liable for damage to any equipment of the
Township or the Fire Department utilized in response to a burning
that is determined to be in violation of this Part.
4.
The Board of Supervisors of Lower Mount Bethel Township authorizes
the Solicitor's office to seek restitution of damages and payment
of any costs chargeable to a violator of this Part as set forth in
this section, including collection of reasonable attorneys' fees
incurred by the Township in prosecuting any civil action under this
Part, all in the appropriate method prescribed by the laws of the
Commonwealth of Pennsylvania.
