[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Outdoor, of the Code of the Township of Middle Smithfield, Monroe County, Pennsylvania, on October 14, 1998, is hereby repealed in its entirety, and Part II, Chapter 94, shall hereafter be known as Middle Smithfield Township Prohibition Against the Burning of Recyclables and the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.
[Added 5-26-2022 by Ord. No. 231]
For the purposes of this chapter, the following words and terms
shall have the meanings ascribed to them herein:
An outdoor fire utilized for ceremonial purposes associated
with recreational facilities with a fuel area larger than that of
a campfire, but not including a fire intended for the disposal of
waste, recyclables, or refuse.
A small outdoor fire intended for recreation or cooking wherein
only dry tree trimmings are burned (excluding leaves), no greater
than three inches in diameter, as fuel and which is contained in an
approved outdoor fireplace, a commercially manufactured portable outdoor
fireplace and/or firepit, an outdoor cooking grill or barbecue pit,
and/or an approved in-ground firepit and constructed to have a total
fuel area of three feet or less in diameter and two feet or less in
height.
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).
[Amended 5-26-2022 by Ord. No. 231]
Outdoor burning of items not included within
the Middle Smithfield Township recycling program(s) is only permitted
as follows, and no other form of outdoor burning shall be permitted
within the Township:
A.
Bonfires for recreational facilities related to their
operations. Bonfires shall be supervised by a responsible adult at
all times. However, bonfires are 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.
E.
Campfires,
as defined herein. Campfires shall be supervised by a responsible
adult at all times. However, campfires are strictly prohibited during
any fire-ban emergency declared within the municipality as well as
when atmospheric conditions or local circumstances make such fires
hazardous.
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.
[Amended 5-26-2022 by Ord. No. 231]
Any person, individual, partnership, copartnership,
association or corporation violating any provision of this chapter
shall be guilty of a summary offense, and upon conviction thereof,
be sentenced to pay a fine of not less than $100 nor more than $1,000
and the costs of prosecution, including attorneys' fees, for each
separate offense and, in default of the payment of such fine, may
be sentenced to imprisonment not exceeding 90 days for each separate
offense, or by both such fine and imprisonment. 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.
