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HomeMy WebLinkAboutMontgomery Township Burn Ordinance TOWNSHIP OF MONTGOMERY FRANKLIN COUNTY, PENNSYLVANIA Ordinance no. 2010-02 An ordinance OF THE BOARD OF SUPERVISORS OF MONTGOMERT TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA, RESTRICTING OPEN BURNING DURING DRY WEATHER CONDITIONS. WHEREAS, during periods of dry weather conditions,the Board of Supervisors would like to minimize the hazards that open burning may cause to the health, welfare and safety of the citizens of Montgomery Township and their property; and WHEREAS, the Second Class Township code Act of May 1, 1933 (P.L. 103, No. 69)reenacted and amended November 9, 1995, (P.L. 350,No. 60)as amended, provides for the adoption of ordinances to protect the health, welfare and safety of the citizens of Montgomery Township; NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Board of Supervisors of Montgomery Township, Franklin County,Pennsylvania, and it is hereby enacted and ordained by the same as follows: SECTION 1. TITLE This ordinance shall be known as the Montgomery Township Open Burning Ban Ordinance. ti SECTION 2. PURPOSE The purpose of this ordinance is to provide guidance and limitations on open burning within Montgomery Township during periods of dry weather conditions when such burning may be hazardous to the health,welfare, safety and property of the citizens of Montgomery Township. SECTION 3. DEFINITIONS Unless the context specifically and clearly indicates to the contrary,the meaning of the terms used in this ordinance shall be as follows: A. BOARD shall mean the Board of Supervisors of Montgomery Township. i' 90/Z0 39dd dIHSNM01 A�13WOJLNOW IL5£8Z£LIL 8Z:01 ZTOZ/bT/£0 B. FURNACE shall have reference to any enclosed device specifically designed for the burning of any material for the production of heat. C. INCINERATOR shall have reference to any device specifically designed for the destruction of burning of refuse, sewage sludge or any other combustible material within an enclosed container. D. EMERGENCY MANAGEMENT COORDINATOR- The Emergency Management Coordinator or assistant Emergency Management Coordinator(in the Emergency Management Coordinator's absence) appointed by the Montgomery Township Supervisors for Montgomery Township_ E. FIRE CHIEFS.The Fire Chief of Mercersburg,Montgomery,Peters& Warren Fire Department. F. OPEN BURNING OR OPEN FIRE-Ignition and subsequent burning of any combustible material out-of-doors in either a bum barrel (screened or unscreened), fire rings, or on the ground_ The use of propane or gas stoves,charcoal grills,burning in a furnace or incinerator, or use of tobacco in any form is not covered under this definition. G. PERSON shall be 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. SECTION 4. AUTHORITY TO BAN OPEN BY.JRNING During dry weather conditions in which open burning could be hazardous to the health, welfare and safety of the citizens of Montgomery Township and their property,the Chairman of the Board of Supervisors, after consulting with the Fire Chief or their representative(and receiving a favorable recommendation for an open burning ban from the Township's Emergency Management Coordinator)may declare an open burning ban in Montgomery Township effective twenty-four(24) hours after public notice is provided in a newspaper of general circulation within Montgomery Township and by posting notice of the decision at the Montgomery Township Municipal Office Building. When a ban on open burning is declared, all open burning within the Township shall be prohibited until such time as the open burning ban is terminated. When it is determined that the dry weather condition no longer exists,the Chairman of the Board of Supervisors shall publish a notice in a newspaper of general circulation within Montgomery Township and shall post notice at the Montgomery Township Municipal Office Building that the ban on open burning has been terminated. The Chairman of the Board of Supervisors shall notify the Montgomery Township Board of Supervisors of the decision to declare an open burning ban and when the ban is terminated at their next regular scheduled meeting. SECTION 5. BURNING RESTRICTIONS 906 39dd dIHSNMOl Ada109LNOW ILSE8ZELTL 8Z:0T ZTOZ/bT/EO During periods when the open burning ban is in effect, no person shall start or maintain an OPEN FIRE for any purpose without the approval of the Township. Approval of the Township may be obtained by written application to the Township setting forth what is to be burned, the location of the proposed open burning, safeguards to insure that the burning will be properly contained and the availability of usable water supply in the vicinity of the burn to terminate the burn and to prevent its unintended spread. In the event permission is granted in response to any such application,the applicant shall be solely responsible for any damage that might be caused as a result of the burning activity. SECTION 6. ENFORCEMENT AND PENALTIES Any person who violates any provisions of this ordinance,upon conviction thereof by summary proceedings, may be sentenced to pay a fine of not less than one hundred dollars ($100.00) or not more than one thousand dollars ($1,000.00) and/or may be imprisoned for a term not exceeding thirty(30) days. Each day or a portion thereof that such a violation continues shall constitute a separate offense. Prosecution shall be before a district justice in the manner provided for the enforcement of summary offenses for the Pennsylvania Rules of Criminal Procedure. Any Supervisor after receiving approval from the Montgomery Township Board of Supervisors at a regular scheduled meeting of the Board shall have the authority to enforce this Ordinance by filing a Private Criminal Complaint. SECTION 7. ABATEMENT OF NUISANCES In addition to any other remedies provided in this ordinance, any violation hereof shall constitute a nuisance and may be abated by Montgomery Township either by seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of common jurisdiction. SECTION 8. REPEAL All ordinances or resolutions or parts of ordinances or resolutions insofar as they are inconsistent herewith, shall be and they are hereby repealed. SECTION 9. SEVERABILITY If any provision of this ordinance is for any reason to be unconstitutional,illegal or invalid, such unconstitutionality,illegality or invalidity shall not effect nor impair any of the remaining provisions hereof and is hereby declared to be the intent of the Board that this ordinance would have been adopted had such unconstitutional,illegal or invalid provision not have been included therein. SECTION 10. EFFECTIVE DATE This ordinance shall take effect five(5)days after its enactment. 90/VO 39 d dIHSNMOl Ad3W091NOW TL5£8M£LIL 8Z:0T ZTOZ/VT/£0 SECRETARY'S CERTIFICATION AND ATTESTATION I, Tammy L. Carbaugh, Secretary for Montgomery Township Supervisors do hereby attest that the attached Ordinance No. 2010-02 is a true and correct copy of the Ordinance adopted by the Montgomery Township Supervisors at their regularly scheduled meeting held on September 2, 2010. Date: Atigft PI 010 Tammyarbaugh, Secretary �.i j 90/90 39' d dIHSNMOl Ad3W091NOW ILSEBZELTL 8Z:0T ZTOZ/bT/E0 DULY ENACTED AND ORDAINED this 404 7 day of September 2010, by the Board of Supervisors of Montgomery Township, Franklin County,Pennsylvania, in lawful session duly assembled. MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS ATTEST: 1. By /% Tammy Carbaugh, Secre Michael L.Rife, C ,'rman Grcgofy . Weller, Supervisor Matthew W.Funk, Supervisor Certificate of Adoption I, Tammy L Carbaugh, Secretary of the Board of Supervisors,Montgomery Township,Franklin County,Pennsylvania, do certify that the foregoing is true and .i correct copy of an ordinance adopted at a regular meeting of the Montgomery Township Supervisors held September 2,2010, in a regular session duly assembled. *-/ 0641 Tatum Carbaugh, Secre Date: September 2, 2010 90/90 Sid dIHSNM01 Ael3WO9INOW IL9E8ZELTL 8Z:0T ZTOZ/bI/E0