[1]
Editor's Note: Former Part 2, Open Burning, adopted 10/9/1968,
as amended, was repealed by Ord. 2017-2, 8/9/2017.
[Ord. No. 2019-2, 6/12/2019]
The following words, terms, and phrases, when used in this Part,
shall have the following meanings ascribed to them:
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.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, or financial or professional service or office enterprise,
business, or establishment.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools,
universities, churches, and social or fraternal societies and organizations.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid, or contained
gaseous material, resulting from the operation of residential, municipal,
commercial, or institutional establishments and from community activities,
and any sludge not meeting the definition of "residual or hazardous
waste" as defined in the Pennsylvania Solid Waste Management Act from
a municipal, commercial or institutional water supply treatment plant,
wastewater treatment plant or air pollution control facility. The
term does not include source-separated recyclable materials.
A fire in which any solid fuel or waste is burned in the
open or in a receptacle other than a furnace or an incinerator permitted
by the Pennsylvania Department of Environmental Protection.
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 as
the subject of rights and duties.
Materials designated as recyclable in Chapter 20, Solid Waste and Recycling, or required by the terms of that chapter, any amendment thereto or designated by resolution of the Township to be kept separate from municipal waste and recycled, including leaf waste.
Any dwelling unit used as a place of human habitation and
which is not commercial, municipal, institutional, or a community
activity. Home occupations incidental to be residential use within
a building are considered residential.
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 a fire.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper or plastic) and noncompostable plant material, wood or
nonputrescible solid waste.
Waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
Leaves, grass clippings, garden residue, tree trimmings,
chipped wood waste, and other vegetative material.
[Ord. No. 2019-2, 6/12/2019]
1.
Subject only to the exceptions hereinafter specifically set forth,
open burning of materials in the Township of Kingston is strictly
prohibited, including, but not limited to, garbage; municipal waste;
recyclables; rubbish, solid waste; yard waste; plastic products of
any kind; building materials, either new or used, including but not
limited to wood and lumber, treated wood and lumber, roofing shingles,
tar paper, insulation of any kind, vinyl or composite siding, synthetic
and composite decking and lumber, flooring materials of any kind,
plastic or Tyvek-type house wrap, PVC or other plastic-type pipe,
rubber products, paint and stain, carpet and carpet padding, glues
and adhesives, and any materials used to package or otherwise contain
any of the aforementioned materials; furniture and mattresses; tires;
flammable and combustible liquids, motor oil, waste oil or any other
liquid fuels capable of being burned, unless used in a furnace or
stove designated to burn such liquids by the manufacturer; newspapers,
magazines, cardboard and other recyclable paper products; leaves,
trimmings, twigs, branches and similar yard waste unless in the case
of twigs and branches used for campfires or cooking fires, grills,
outdoor fireplaces, chimineas or similar devices; any other material
able to be recycled at a recycling facility designated by the Township
of Kingston at the time of adoption of this Part or in the future.
2.
The following are exceptions to the prohibition of open burning:
A.
A fire set to prevent or abate a fire hazard, when approved by the
Department of Environmental Protection's Regional Air Quality
Program office and set by or under the supervision of a public officer.
B.
Any fire set for the purpose of instructing personnel in firefighting
when approved by the Department of Environmental Protection's
Regional Air Quality Program office.
C.
A fire set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection's Regional
Air Quality Program office.
D.
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation.
E.
A bonfire, providing that the fire is set with natural wood and wood
products only.
F.
A fire set solely for cooking food or for warmth, fellowship, recreational
or ceremonial purposes such as a campfire, grill, outdoor fireplace,
fire ring, chiminea or similar device, provided that the fire is set
with charcoal, natural wood and wood products only. Small amounts
of paper may be used to start or kindle fires as well as commercially
manufactured fire starters and fire logs.
G.
A cooking grill or outdoor heater manufactured specifically for the
use of propane or natural gas fuels, or liquid fuels such as kerosene.
[Ord. No. 2019-2, 6/12/2019]
1.
Fires that are permitted by this Part shall be subject to the following
conditions:
A.
Fires shall be permitted only when conditions are not such that there
is an undue chance of conflagration or wildfire due mainly, but not
limited to, extremely dry conditions as determined by the Township
Manager; upon notification by the Code Enforcement Office of the Township
of Kingston of such determination, the Township Manager shall be authorized
to place a Township burn ban into effect. The Township Manager shall
only lift a burn ban upon recommendation by the Code Enforcement Officer.
No burning of any kind shall be permitted during burning bans placed
in effect by the Township;
B.
With the exception of permitted fires pursuant to § 202,
Subsection 2A through E, fires shall not be permitted within 100 feet
of any structure or within 50 feet or other combustible materials
or areas not intended to be burned. A fire set solely for cooking
food or for warmth, fellowship, recreational or ceremonial purposes
such as a campfire shall be exempt from this provision, provided that
it is contained, located so that other combustible materials cannot
be ignited and a means of extinguishment is readily available;
C.
All fires shall be attended by a responsible person at all times
until completely extinguished;
D.
Means to extinguish the fire, including but not limited to an adequate
supply of water or other extinguishable agent or heavy equipment such
as a backhoe or bulldozer, shall be readily available at all times
while the fire is burning;
E.
Fires shall not be permitted to spread beyond the original location
or beyond property lines;
F.
Fires shall not be permitted to be ignited if wind speeds exceed
10 miles per hour. If wind speeds increase to exceed 10 miles per
hour after a fire has been ignited, it shall promptly be extinguished
until wind conditions are more favorable;
G.
Fires shall not be permitted within 50 feet of adjoining property
lines;
H.
No fire shall be permitted to burn in such a manner that produces
smoke so as to interfere with the reasonable use and enjoyment of
adjoining premises;
I.
No person shall burn, ignite, incinerate, maintain or otherwise permit
any fire upon any of the streets, roads, alleys and/or public rights-of-way
situated in the Township of Kingston.
[Ord. No. 2019-2, 6/12/2019]
The Township of Kingston Zoning Officer/Code Enforcement Officer
and the Kingston Township Police Department shall serve as the parties
designated and responsible for the enforcement of this Part.
[Ord. No. 2019-2, 6/12/2019]
This Part shall be enforced by an action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this Part shall,
upon conviction in a summary proceeding, pay a fine of not less than
$100 nor more than $1,000 per violation, plus all court costs and
reasonable attorneys fees incurred by the Township of Kingston in
the enforcement proceedings, and/or be imprisoned to the extent allowed
by law for the punishment of summary offenses. Each day or portion
thereof that a violation exists or continues shall constitute a separate
violation. Each section of this Part that is violated shall also constitute
a separate violation. Further, the appropriate officers or agents
of the Township of Kingston are hereby authorized to seek equitable
relief, including injunction, to enforce compliance with this Part.
All fines, penalties, costs and reasonable attorneys fees collected
for the violation of this Part shall be paid to the Township of Kingston
for its general use.
[Ord. No. 2019-2, 6/12/2019]
The Kingston Township Zoning Officer/Code Enforcement Officer
and the Township of Kingston Police Department are hereby authorized
to issue citations for the violation of this Part.
[Ord. No. 2019-2, 6/12/2019]
1.
In the case of a fire requiring firefighters and/or equipment and
upon conviction of any violation of this Part, the violator shall
also pay charges in order to cover the firefighting costs. Charges
shall be assessed for use of the following firefighting equipment:
2.
Additional labor charges shall be assessed under this Part based
upon an hourly rate for all firefighters engaged in the firefighting
activities.
3.
The Board of Supervisors shall determine by resolution a reasonable
schedule of costs based upon mileage, operating labor costs and firefighting
equipment and staff hours. These charges shall be in addition to and
not in lieu of any penalties provided elsewhere by this Part.
[Ord. No. 2019-2, 6/12/2019]
Kingston Township, its supervisors, agents, officials and representatives
shall not, under any circumstances, be liable or responsible for any
damages caused to any person or property by reason of provisions of
this or by reason of the conduct of any burning activity in compliance
with the terms and provisions of this Part. The individual person
or party responsible for any such fire shall bear sole liability for
any damages caused as a result thereof.
[Ord. No. 2019-2, 6/12/2019]
It is hereby declared to be the intention of the Board of Supervisors
of the Township of Kingston that the chapters, parts, sections, paragraphs,
sentences, clauses and phrases of this Part are severable. If any
section, paragraph, sentence, clause or phrase of this Part is declared
unconstitutional, illegal or otherwise invalid by the judgment or
decree of a court of competent jurisdiction, that invalidity shall
not affect any of the remaining chapters, parts, sections, paragraphs,
sentences, clauses or phrases of this codification.
[Ord. No. 2019-2, 6/12/2019]
All ordinances or parts of ordinances of the Township of Kingston
expressly conflicting with the provisions of this Part are hereby
repealed to the extent of such conflict.
[Ord. No. 2019-2, 6/12/2019]
This Part shall become effective in accordance with law.
