Township of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[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Editor's Note: Former Part 2, Open Burning, adopted 10/9/1968, as amended, was repealed by Ord. 2017-2, 8/9/2017.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:
BURNING
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.
COMMERCIAL
Of or pertaining to any wholesale, retail, industrial, manufacturing, transportation, or financial or professional service or office enterprise, business, or establishment.
COMPOSTING
The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INSTITUTIONAL
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.
MUNICIPAL WASTE
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.
OPEN BURNING
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.
PERSON
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.
RECYCLABLES
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.
RESIDENTIAL
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.
RESPONSBILE PERSON
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.
RUBBISH
Solid waste exclusive of garbage (e.g., nonrecyclable glass, metal, paper or plastic) and noncompostable plant material, wood or nonputrescible solid waste.
SOLID WASTE
Waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
YARD WASTE
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:
A. 
Pumpers and tankers.
B. 
Brush Busters. Brush busters are all-wheel-drive vehicles equipped for off-road or wooded area use with a water tank of at least 100 gallons' capacity and an appropriately sized pump.
C. 
Chain saws.
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.