HomeMy WebLinkAboutGuilford Burn Ordinance ORDINANCE NO. 2000-09
AN ORDINANCE OF THE TOWNSHIP OF GUILFORD DECLARING OPEN BURNING A
NUISANCE AND A HAZARD; PROVIDING MANNER OF REMEDYING;AND
PRESCRIBING PENALTIES FOR VIOLATION OF ITS PROVISION.
BE IT ENACTED AND ORDAINED by the Township of Guiford, Franklin County,
Pennsylvania and it is hereby enacted and ordained by Authority of the same as follows:
SECTION 1 --DEFINITIONS
a. Open Burning" (Fire) a fire in which any solid waste is burned in the open
or in a receptacle, including burn barrel and
residential incinerator, other than a furnace or an
incinerator permitted by the Pennsylvania Depart-
ment of Environmental Protection
b. "Municipal Waste" an all-encompassing, most general term meaning any
garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semi-solid,
or contained gaseous material, resulting from operation
of residential, minicipal, commercial, or institutional
establishments and from community activities, except
farm-produced manure, other agricultural waste, and
food processing waste used on land where other
materials will improve the condition of the soil,the
growth of crops, or the restoration of the land for the
same purposes, and any sludge not meeting the
definition of"residual or hazardous waste" as
defined in Commonwealth of Pennsylvania Solid Waste
Management Act; but excluding recyclables.
c. "Solid Waste" waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid
or contained gaseous materials.
d. "Rubbish" leaves, branches, trees, sawdust, chips, shavings, wood,
woodenware, leather, rags, grass, straw, and all solid
combustible matter.
e. "Waste" A material whose original purpose has been completed
and which is directed to a disposal or processing
facility or is otherwise disposed of. The term does not
include source-separated recyclable materials or
material approved by the Commonwealth of
Pennsylvania Department of Environmental Protection
for beneficial use.
f. "Leaf Waste" leaves, garden residues, shrubbery and tree trimmings,
and similar material.
SECTION II -- OPEN BURNING:
No person(s), firm, partnership or corporation shall ignite, cause, feed, permit or
maintain any open fire for the destruction of municipal waste,waste, solid waste, rubbish,
leaf waste, or grass clippings on any property under his/their control,within 250 feet of any
other person's residence or building(s) or within any Township Road-Right-of-Way, except
as hereinafter provided.
Exceptions to Open Burning Prohibition:
a) Open fires may be set in the performance of an official
duty of any public officer, including Volunteer Fire
Companies,when approved by the Board of Supervisors
of Guilford Township, if the fire is deemed necessary
for the prevention of a fire hazard which cannot be
abated otherwise; and the protection of public health.
b) No open burning is to occur when the Pennsylvania Bureau
of Forestry- Michaux District Forester Office, indicates that
conditions are not suitable for burning.
c) Nothing contained herein shall prohibit a farmer from carrying
out the normal activities of his farming operation, provided such
activities are conducted in accordance with all applicable law,
rules and regulations.
SECTION 111 --PROPERTY OWNER(S)AND/OR OCCUPANT(S)
TO CEASE AND DESIST OPEN BURNING:
1) The owner (s) of such premises, whether occupied by the
owner or not, shall be responsible to cease and desist open
burning upon such premises in violation of the provisions
of the first section of this Ordinance. Both the owner(s) and
the occupant(s), in case the premises is occupied by other
than the owner(s), shall be jointly responsible for the compliance
of this Ordinance.
SECTION IV--NOTICE TO OWNERS AND OCCUPANTS OF PREMISES:
In addition to the penalties as hereinafter imposed in this Ordinance,the
Township Supervisors, or any officer or employee of the Township designated
thereby for the purpose, is hereby authorized on the initiative of the Township
Supervisors or upon written complaint by a person(s) affected by said open burning,
to give Notice, by personal service or by United States Mail to the owner(s)or the
occupant(s), or either of them, of a violation of the terms and conditions of this
Ordinance, directing and requiring such occupant(s) or owner(s) or both of them to
cease and desist open burning on said premises, so as to conform to the
requirements of this Ordinance,within five(5)days after issuance of such notice.
SECTION V-- VIOLATION OF PROVISIONS OF THIS ORDINANCE:
If any such owner(s)and/or occupant(s) shall neglect or fail to comply with
such notice within the period of time stated herein, the provisions of this
Ordinance may be enforced by said person(s),who had previously
complained to the Township about open burning on said premises and
prior notice was given as required, who, shall as an affiant, institute a
summary proceeding by filing a Complaint with the District Magistrate as
provided by law against said person(s), firm, partnership or corporation, who
shall violate any of the provisions of this Ordinance, who shall, upon
conviction thereof be sentenced to pay a fine of not more than One Thousand
($1,000)Dollars, and costs of prosection and in default of payment of
such fine and costs, to imprisonment in the Franklin County Prison for not
more than thirty (30) days; each day's continuation of a violation of this
Ordinance shall constitute a separate offense.
SECTION VI--REPEALER:
All Ordinances or parts of Ordinances which are inconsistent herewith and
especially Section VIII(Open Burning) of the Township of Guilford Ordinance
No. 90-7 are hereby repealed.
ADOPTED AND ENACTED into an"- in of the Township of Guilford,this
1 day of -man , 2000.
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BOARD OF SUPERVISORS
OF GUILFORD TOWNSHIP
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