The following words, terms and phrases, when used in this chapter,
shall have the following meanings ascribed to them:
BARBEQUE
Any cooking appliance that is designed for the proper preparation
of food for human consumption. For purposes of this chapter, this
definition shall include all such devices that are propane or natural-gas-fueled
grills, charcoal grills, pellet-fueled grills, wood-fueled grills,
and smoking devices.
EXCESSIVE SMOKE/ODORS
Smoke and odors are considered excessive if they are perceptible
beyond the property line of the source of the fire and, in the opinion
of the Abington Township Police Officer or Fire Marshal, are causing
an unreasonable interference with the use and enjoyment of another
person's property.
FIRE PIT
Any receptacle for which the sole purpose is the burning
of recreational fires, including but not limited to outdoor fireplaces,
braziers, fire rings, fire pits, chimineas, or other similar contained
or enclosed structure, not to exceed three feet in diameter or two
feet in height.
[Added 11-10-2021 by Ord. No. 2185]
FIXED DWELLING UNIT FIREPLACE
Any framed or stone masonry fireplace constructed and installed
in a dwelling or commercial structure within Abington Township in
accordance with all applicable building codes.
FURNACE
Any enclosed device designed for the burning of any material
primarily for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation or cooking of food.
INCINERATOR
Any device designed or used for the destruction or reduction
of refuse by burning.
OPEN FIRE/OPEN BURNING
A fire in which the products of combustion are emitted directly
into the ambient air without passing through a stack or a chimney
or in which any material is burned in the open or outside or in a
receptacle other than a furnace, incinerator, fire pit or a cooking
appliance. For purposes of this chapter, "open burning" shall not
refer to road flares, smudge pots and similar devices associated with
safety or occupational uses typically considered open flames.
[Amended 11-10-2021 by Ord. No. 2185]
PERSON
Any individual, partnership, association, company, syndicate,
firm, trust, corporation, department, bureau, agency or other entity
recognized by law as the subject of rights and duties.
RECREATIONAL FIRE
A fire set for pleasure, religious, ceremonial, warmth or
other similar purposes.
REFUSE
Garbage, rubbish and trade waste and any material or item
considered recyclable by the Pennsylvania Department of Environmental
Protection.
RUBBISH
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
excelsior, paper, ashes, tree branches, tree stumps, leaves, yard
trimmings, furniture, tin cans, glass, crockery, masonry and other
similar materials.
SALVAGE OPERATION
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
TRADE WASTE
All solid or liquid material resulting from the pursuit of
any business, trade or industry, including but not limited to plastic
products, cartons, paint, grease, oil and other petroleum products,
chemicals, cinders and building or construction materials.
Any Abington Township police officer, Abington Township Fire
Marshal, or duly authorized agent of the Board of Township Commissioners
shall have the power and duty to enforce the provisions of this chapter,
including but not limited to:
A. Ordering the immediate cessation of any activity prohibited by this
chapter.
B. Ordering that any fire, cooking, or barbeque be immediately extinguished,
abated, diminished or corrected if, upon investigation, the Abington
Township police officer, Abington Township Fire Marshal, or other
duly authorized agent of the Board of Township Commissioners finds
that the fire, cooking or barbeque is in violation of the provisions
of this chapter.
C. Such other remedies available at law or as otherwise outlined in
this chapter.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof by any District Justice, be sentenced to pay
a fine of not less than $25 nor more than $300, together with the
costs of prosecution. Each day a violation exists shall constitute
a separate offense. Upon default in the payment of any fine, the defendant
may be sentenced and committed to the Township lockup for a period
not exceeding five days.