[HISTORY: Adopted by the Board of Supervisors
of the Township of Middle Smithfield 10-9-2008 by Ord. No. 165. Amendments
noted where applicable.]
GENERAL REFERENCES
Solid waste and recycling — See Ch. 155
Ordinance No. 88 which adopted Part II, Chapter 94, Burning, Outdoor, of the Code of the Township of Middle Smithfield, Monroe County, Pennsylvania, on October 14, 1998, is hereby repealed in its entirety, and Part II, Chapter 94, shall hereafter be known as Middle Smithfield Township Prohibition Against the Burning of Recyclables and the Regulation of Outdoor Burning.
The purpose of this chapter is to provide for
the health, safety and welfare of the residents of the Township of
Middle Smithfield by requiring residents to recycle rather than burn
those specific items that are included in its recycling program and
to regulate outdoor burning, provide for enforcement and penalties
for failure to comply with said regulation(s) and to repeal any and
all inconsistent ordinances or parts thereof.
Following the effective date of this chapter
it shall be unlawful for the residents of Middle Smithfield Township
to burn any recyclable item now or hereafter included in its recycle
program(s).
Outdoor burning of items not included within
the Middle Smithfield Township recycling program(s) is permitted as
follows, to wit:
A.
Campfires and bonfires for recreational facilities
related to their operations and must be supervised by a responsible
adult at all times; provided, however, that said outdoor burning is
strictly prohibited during any fire-ban emergency declared within
the municipality as well as when atmospheric conditions or local circumstances
make such fires hazardous.
B.
Any fire set to prevent or abate a fire hazard, when
approved by the Pennsylvania Department of Environmental Protection
and when set by and under the supervision of a public officer.
C.
Any fire set for the purpose of instructing personnel
in fire fighting, when approved by the Pennsylvania Department of
Environmental Protection.
D.
Any fire set for the prevention and control of disease
or pests, when approved by the Pennsylvania Department of Environmental
Protection.
In addition to any police officer authorized
to issue citations within the borders of Middle Smithfield Township,
a Middle Smithfield Township Zoning Officer is also hereby authorized
to enforce this chapter.
Any person violating any of the provisions of
this chapter shall first be issued a written warning. If within a
thirty-day period, this person commits a second violation of this
chapter, then a citation will be issued. If a summary conviction before
a Magisterial District Judge is granted, then said person shall be
sentenced to pay a fine of not less than $25 and not more than $150
and the cost of prosecution, including reasonable attorney fees incurred
by the Township Solicitor and costs related thereto, such fines to
be collected as like fines are now collected by law, and/or shall
undergo imprisonment not exceeding 10 days, or both. Any person continuing
any such violation beyond one calendar day, shall be deemed to have
committed a separate offense for each calendar day such violation
continues.
The Township and its agents, officials, and
representatives shall not, under any circumstances, be liable or responsible
for damages caused to any person or property by reason of the conduct
of any burning activity in compliance with the terms and provisions
of this chapter. The person or party responsible for any fire shall
bear sole liability for any damages caused as a result thereof.
