[HISTORY: Adopted by the Board of Supervisors of the Township of
Hamilton 6-4-1996 by Ord. No. 73. Amendments
noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 88.
A.
No person or persons, corporation, partnership or association
shall burn, or permit to be burned, a structure of any size, or burn, or permit
to be burned, any material outside of a container with an approved cover,
within Hamilton Township, Adams County, Pennsylvania, unless the following
regulations and restrictions, which are hereby established, as well as any
and all pertinent rules and regulations of the Pennsylvania Department of
Environmental Protection are strictly observed and adhered to:
(1)
Any person or persons, corporation, partnership or association
wishing to conduct an open burning(s) shall first notify the Adams County
Emergency 9-1-1 Communications Center, via a nonemergency telephone number,
and Hamilton Township to register any and all planned burnings prior to commencement
of such burning. This burning registration shall include structure(s) of any
size, or the planned burning of any material outside of an approved container,
by the initiator(s) thereof, and the initiator(s) shall notify the communications
center, indicating the proposed burning site (address), size and type of burning,
the responsible party's name and telephone number.
[Amended 9-2-1997 by Ord. No. 77]
(2)
This above required notification process is for registration
purposes only, and shall not be considered a submission for approval, and
at all times the person or persons, corporation, or partnership who have reported
such a burn shall be fully responsible and/or held responsible for any unexpected
outcome, i.e., any and all damages or injuries resulting therefrom.
(3)
Upon notification, the Communications Center personnel
shall log and post the received registration information within the Communications
Center, so as to prevent a false call; however, if the reported registration
consists of a structure, or is of an unusually large-sized open burning, immediately
following the registration of the burning, the Adams County Fire Marshal or
the Adams County Fire Chief(s) having jurisdiction in the area of the planned
burning shall be notified by the Communications Center of its nature, location
and size.
(4)
If so desired, the Adams County Fire Marshal or the Adams
County Fire Chief(s) having jurisdiction in the area may be permitted to inspect
any and all sites thereof prior to the initiation of the burning, if such
inspection is requested or required by such official(s).
(5)
Further, the Adams County Fire Marshal or the Adams County
Fire Chief(s) having jurisdiction in the area of the proposed planned burning
are hereby authorized and directed to regulate, restrict or ban all of such
planned burnings, upon the inspection of the proposed site thereof, in the
event that the interests of public safety mandate such regulation, restrictions
or ban. Additionally, immediately prior to the initiation of all reported
proposed planned burnings, the Adams County Fire Marshal or the Adams County
Fire Chief(s) having jurisdiction in the area of the proposed planned burning
shall notify the Adams County Emergency 9-1-1 Communications Center of the
nature, time, exact location and person(s) supervising and controlling the
proposed planned burning.
(6)
No planned burning shall be performed or permitted within
less than 50 feet from any building, structure of any type, forest or wooded
area.
(7)
All open, planned or controlled burnings shall commence
after sunrise and shall be extinguished before sunset; no open, planned or
controlled burnings shall commence before sunrise or continue after sunset.
(8)
No open, planned or controlled burnings shall be performed
or permitted, unless a person 18 years of age or older is present, at all
times, to regulate and control such burning from the time such burning is
ignited and commenced until the same is properly and finally extinguished.
B.
Any open burnings of any structures or substances whatsoever
within Hamilton Township, Adams County, Pennsylvania, which have been reported
as a "fire" and have not been registered with the county, as required by this
chapter, and/or any open burnings of any structures or substances whatsoever
within the county which have been reported "out-of-control," willingly or
unwillingly, shall be subject to immediate extinguishment. All such extinguishments
shall be subject to response cost reimbursement which shall be paid to all
responding agencies, as per the county cost recovery table, and/or any and
all fines prescribed by this chapter, by the responsible party(ies). (See
County Fire SOP, Section X, H, the provisions of which, as from time to time
amended, are hereby incorporated herein by reference.[1])
[1]
Editor's Note: Said documentation is on file in the Township
offices.
C.
The Adams County Fire Marshal and the Hamilton Township
Board of Supervisors are hereby authorized and directed to impose a "ban"
upon all open burnings of any structures or substances whatsoever within Hamilton
Township, Adams County, Pennsylvania, when, from time to time, prevailing
conditions and the interests of public safety mandate, in the judgment of
such Fire Marshal and/or Board of Supervisors, the imposition of such ban
upon all open burning. Notice of the imposition and lifting of any such ban
upon all open burning shall be announced by the Adams County Fire Marshal
and/or the Hamilton Township Board of Supervisors via announcements published
in a newspaper of local circulation selected at the discretion of the Township
Board of Supervisors as well as pursuant to broadcasts over radio stations
selected at the discretion of the Township Board of Supervisors.
[Amended 9-2-1997 by Ord. No. 77]
[Amended 5-6-1997 by Ord. No. 76; 9-2-1997
by Ord. No. 77]
Any persons or entities violating any of the provisions of this chapter
or neglecting to comply with any order issued pursuant to any section hereof
shall, upon conviction in a summary proceeding brought before a District Justice
under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not 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. Hamilton Township police officers, or
other appropriate officer(s) of Hamilton Township, shall have the power to
enforce the provisions of this chapter.
