[Adopted 8-15-2005 by Ord. No. 187]
As used in this article, the following terms
shall have the meanings indicated:
The gathering of on-site yard waste for composting in the
rear yard of the property with the completed composted yard waste
being utilized as a compost or mulch on-site.
Includes bushes, shrubs, thickets, tree trimmings, hedge
trimmings, and small trees.
A facility that is used to compost leaf waste, grass clippings,
garden residue, tree trimmings, chipped shrubbery and other vegetative
material. The facility shall be either public or privately owned and
be permitted by DEP.
Trees, shrubs, and other native vegetation which are cleared
from land during or prior to the process of construction. The term
does not include demolition waste and dirt-laden roots.
Lumber, roofing material, sheathing, plaster, conduit, pipes,
wire, insulation, and other materials that result from a construction,
demolition, or remodeling at the project site.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency, or any other legal entity whatsoever
which is recognized by law as the subject of specific rights and duties.
Includes glass bottles; bimetal, aluminum, and steel cans;
plastic containers, numbers 1 and 2; newspaper; cardboard.
Leaves, grass clippings, garden residue, trees, tree trimmings,
clipped shrubbery, and other vegetative materials.
It shall be unlawful for any person to burn any brush, demolition and construction waste, recyclable items, and yard waste in Washington Township except as provided in § 288-25.
A.
A fire set to prevent or abate a fire hazard, when
approved by the Pennsylvania Department of Environmental Protection
and set by or under the supervision of a public officer.
B.
Any fire set for the purpose of instructing personnel
in fire fighting, when approved by the Pennsylvania Department of
Environmental Protection.
C.
A fire set for the prevention and control of disease,
pests, rats, snakes, bees, etc.
D.
A fire set for agricultural management purposes on
the premises of the agricultural operation.
E.
A fire set for the purpose of burning, clearing and
grubbing waste for construction.
F.
A fire set solely for recreational or ceremonial purposes.
G.
A fire set solely for cooking food.
H.
A fire set for conservation practices and protection,
which includes storm damage cleanup and stream cleaning.
(1)
Fires set for this purpose shall be located 100 feet
or more from any buildings or structures. Materials to be burned shall
originate from the same property, except stream cleanup materials
which may have floated to the site.
I.
A fire set to keep persons warm at a building construction
site, public gathering or other outdoor function shall be containerized
and only wood may be burned.
Any person who violates any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine
of not less than $100 nor more than $1,000 and costs of prosecution,
or, in default of payment of such fines and costs, to undergo imprisonment
of not less than 10 days nor more than 30 days. Provided: each violation
of any provision of this article and each day the same is continued
shall be deemed a separate offense. For purpose of this section, the
doing of any act or thing prohibited by any provision of this article,
or the failure to do any act or thing as to which any provision of
this article creates an affirmative duty, shall constitute a violation
of this article, punishable as herein stated.
The various headings used throughout this article
are intended only as an aid in its organization, in order to facilitate
ease of reading, and are not to be considered a substantive part of
this article. In this article, unless the context clearly indicates
otherwise, the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and neuter.