Township of North East, PA Chapter 111 Burning, Open

[HISTORY: Adopted by the Board of Supervisors of the Township of North East 12-6-1982 by Ord. No. 69. Amendments noted where applicable.]

§ 111-1 Conditions for fires.

Any person, firm or corporation kindling or maintaining any bonfire or other fire or authorizing or permitting any such bonfire or other fire to be kindled or maintained on any street, avenue, road, alley or property, public or private, within North East Township shall comply with the following conditions:

A. Bonfires or other fires shall be kindled or maintained between sunrise and sunset;

B. Bonfires or other fires shall be kindled or maintained a safe distance from houses, barns, sheds, dry fields, woods or other inflammable materials or substances which might catch fire or explode, taking into account the quantity and nature of the material being burned, the velocity of the wind and other natural conditions existing at the time, but at no time shall a bonfire or other fire be within 15 feet of any building, structure, property line or combustible material;

C. Bonfires or other fires shall be attended by a responsible person until extinguished;

D. When any person, firm or corporation desiring to kindle or maintain any bonfire or other fire is in doubt as to the application of the provisions of Subsection B of this section, the chief of any fire company in North East Township, the Zoning Administrator and/or Township Supervisor shall be consulted and his decision shall be final.

§ 111-2 Permission required.

No person, firm or corporation shall kindle or maintain an open outdoor fire or authorize or permit any such fire to be kindled or maintained on private property within North East Township without first obtaining permission from the Zoning Administrator or Secretary of North East Township and notifying the Fire Control Center of North East Township.

§ 111-3 Exception for household rubbish.

The provisions of this chapter shall not apply to the burning of normal household rubbish in a metal container with a lid or an incinerator in safe condition by the occupants of a residence, provided such burning is done between sunrise and sunset.

§ 111-4 Exception for outdoor fireplace or cooking.

The provisions of this chapter shall not apply to a small, well controlled fire in an outdoor fireplace or container for outdoor cooking, barbecues and the like, provided said fire is attended by a responsible person until extinguished.

§ 111-5 Fire hazard buildings prohibited.

No person, firm or corporation shall maintain any building or structure determined by the North East Township Board of Supervisors to be a fire hazard. Any such person, firm or corporation determined to be maintaining a fire hazard shall be given written notice of said determination and afforded 10 days to correct or otherwise resolve the fire hazard condition.

§ 111-6 Notice of violation.

Any person, firm or corporation violating the provisions of this chapter shall be notified of the violation by a constable or peace officer, the Zoning Administrator or Township Supervisor of North East Township, or the chief of any fire company located in North East Township, and shall immediately take the steps recommended by such person to cease or limit the violation.

§ 111-7 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person, firm or corporation violating the provisions of this chapter and failing to comply immediately with the steps recommended by a constable or peace officer of North East Township or the chief of any fire company or Zoning Officer or Township Supervisor of North East Township shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.

§ 111-8 Temporary burning bans.

The Board of Township Supervisors may declare a temporary burning ban from time to time as, in its judgment, burning would constitute a danger to the public due to dry or other adverse weather conditions.