ARTICLE III. - BURNING:                       https://library.municode.com/pa/east_donegal_township/codes/code_of_ordinances?nodeId=COOR_CH12FIPRFIPR_ARTIIIBU

Sec. 12-50. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Brush means bushes, shrubs, thickets, tree trimmings, hedge clippings and small trees.

Hazardous waste means garbage, refuse, or sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or a combination of these factors, which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may:

(1)

Cause or significantly contribute to an increase immortality or morbidity in either an individual or the total population; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed as defined by section 103 of the Solid Waste Management Act, 35 P.S. § 6018.101 et seq.

Open burning means a fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.

Person means any natural person, partnership, firm, company, corporation, association, corporation or other entity.

Recyclables means any material that is required to be recycled in the Township under Pennsylvania Act 101, including, but not limited to, newspaper, corrugated cardboard, plastic bottles #1 and #2, glass food and beverage containers, metal and bimetal food and beverage containers, brush, yard waste, including grass clippings and garden residue and leaves. Farmers shall not burn items which are considered recyclable.

Regulated municipal waste means any garbage, refuse, industrial lunchroom or office waste, and other material, including solid, liquid, semisolid, or contained gaseous material resulting from operation of residential, municipal, commercial, or industrial establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste from a municipal, commercial, or institutional water supply, treatment plant, wastewater treatment plant, or air pollution control facility as set forth in section 103 of the Solid Waste Management Act, 35 P.S. § 6018.101 et seq.

Yard waste means all garden residue, leaves, shrubbery and tree trimmings.

(Code 1993, ch. 7, § 201; Ord. No. 2012-1, 6-7-2012)

Sec. 12-51. - Open fires and outdoor fires.

(a)

No person shall ignite, feed, cause, allow, permit, or maintain on any property any open fire outside of any building for any purpose other than that specifically allowed herein.

(b)

It shall be unlawful for any person to burn municipal waste, hazardous waste, or designated recyclable materials in any fire.

(Code 1993, ch. 7, § 202; Ord. No. 2012-1, 6-7-2012)

Sec. 12-52. - Exemptions.

The activities prohibited in this article are subject to the following exceptions:

(1)

Open fires may be set in the performance 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.

Firefighting training by volunteer fire companies.

(2)

Open fires do not include outside barbeques or any fire maintained in a commercially constructed grill or masonry-constructed grill for the purposes of cooking and preparing food.

(3)

Any campfire or bonfire solely for organized recreational or ceremonial purposes.

(4)

Any fire set for the prevention and/or control of disease of pests or rats, snakes, bees, etc.

(5)

The burning of brush, exclusively for agricultural management and conservation practices and protection on any property of ten acres or more, provided burning is located 100 feet or more from any building or structure, and provided that such fires are to be almost extinguished by sunset of the same day the fire is started. Brush must originate from the same property. Notification shall be made before any fire is started to the Lancaster County Control Fire Dispatch at 1-800-691-3473 or 717-664-1190.

(6)

The burning of farm building cleanup debris is to be allowed, provided that such material is not considered municipal waste, hazardous waste, or designated recyclable materials. Agricultural paper bags shall be put out for trash or delivered to the incinerator. Notification shall be made before any fire is started to the Lancaster County Control Fire Dispatch at 1-800-691-3473 or 717-664-1190.

(Code 1993, ch. 7, § 203; Ord. No. 2012-1, 6-7-2012)

Sec. 12-53. - Enforcement.

Upon observing or receiving notice of a potential or actual violation of this article, the Susquehanna Regional Police Department or any other proper law enforcement agency or person shall conduct an investigation to determine whether legal action shall be taken.

(Code 1993, ch. 7, § 204; Ord. No. 2012-1, 6-7-2012)

Sec. 12-54. - Penalties.

Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000.00, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

(Code 1993, ch. 7, § 205; Ord. No. 2012-1, 6-7-2012)