Loading...
HomeMy WebLinkAboutAntrim Open Burning (3/8/2012) Dan Wolfe - CODE OF THE TOWNSHIP OF ANTRIM CHAPTER 59.pdfPage 1 CODE OF THE TOWNSHIP OF ANTRIM, FRANKLIN COUNTY, PA 02-15-2008 Chapter 59, BURNING, OPEN [HISTORY: Adopted by the Board of Supervisors of the Township of Antrim 5-26-1987 as Ch. 7, Part 1 of the 1987 Code of Ordinances. Amendments noted where applicable.] § 59-1. Title. This chapter shall be known as the "Antrim Township Open Burning Control Ordinance." § 59-2. Findings; policy. The Board of Supervisors of Antrim Township, Franklin County, Pennsylvania, has determined that open burning may be hazardous to the health, welfare, safety and property of the citizens of Antrim Township during periods of extremely dry weather conditions, and it is hereby declared to be the policy of Antrim Township to safeguard the citizens of the Township from such hazards. § 59-3. Definitions. The following words, terms and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them: BOARD -- Township Board of Supervisors. FURNACE -- Any enclosed device specifically designed for the burning of any material for the production of heat. GARBAGE -- All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food. INCINERATOR -- Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material. OPEN FIRE -- A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator. PERSON -- Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties. REFUSE -- Garbage, rubbish and trade waste. RUBBISH -- Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, weeds or stubble in field, furniture, tin cans, glass, crockery, masonry and other similar materials. (3/8/2012) Dan Wolfe - CODE OF THE TOWNSHIP OF ANTRIM CHAPTER 59.pdfPage 2 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 or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry, including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials. § 59-4. Extremely dry weather conditions; public notice. The Board shall have the power, from time to time, to determine that extremely dry weather conditions exist during which open fires would be hazardous to the health, comfort, safety and property of the citizens of Antrim Township. When the Board makes such a determination, public notice shall be given that open fires within the Township will be prohibited until such time as the Board determines that such dry weather conditions no longer exist. When the Board determines that such conditions no longer exist, public notice of that determination shall also be given. All public notices required hereunder shall be given by the Board by publication of same in one newspaper of general circulation within Antrim Township one time and by posting such notice at the Antrim Township Municipal Office Building and at such other locations as the Board may from time to time deem appropriate. The prohibition against open fires provided for in this chapter shall take effect upon publication of such notice and shall continue in effect until publication of the notice that such prohibition has been terminated. § 59-5. Prohibitions; exceptions. A. During periods when open fires are prohibited by the Board, no person shall: (1) Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside of any building. (2) Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his or her control outside of any building. B. Exceptions. (1) Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for: (a) The prevention of a fire hazard which cannot be abated by other means. (b) The protection of public health. (2) Open fires may be set with the approval of the Board provided that: (a) Rubbish only is burned. (b) There is no practical available alternate method for the disposal of the material to be burned. (3/8/2012) Dan Wolfe - CODE OF THE TOWNSHIP OF ANTRIM CHAPTER 59.pdfPage 3 (c) No hazardous or other objectionable condition will be created by such burning. § 59-6. Violations and penalties. [Amended 7-8-1997 by Ord. No. 246] This chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by 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. Each section of this chapter that is violated shall also constitute a separate offense.