Upon motion by Suzanne R. Weber , seconded by Brian P. McGrath , the following Ordinance was duly enacted, 2 voting in favor of enactment, 0 voting against enactment.
ORDINANCE 2000-1
An Ordinance to
amend Millcreek Township Ordinance No. 19, as amended, known as the Burning
Ordinance; establishing regulations for outside burning on public and private
property; prohibiting burning within 75' of any building or structure and/or
50' of any property line and on any day but Saturdays; prohibiting the burning
of recyclable and other materials; setting forth recognized exceptions;
establishing penalties for violation and including severability
and repealor clauses.
WHEREAS, Millcreek Township Ordinance No. 19, enacted June 4, 1951 and commonly known as the Burning Ordinance, has established regulations governing outside burning of materials in the Township and prohibited specified actions and omissions; and
WHEREAS, Ordinance No. 19 has since been amended by Millcreek Township Ordinance Nos. 66-18, 73-15 and 91-20; and
WHEREAS, increased development of Millcreek Township and the development of programs to recycle materials since enactment of the Burning Ordinance and its amendments requires that ordinances address the existing conditions of Millcreek Township and its residents; and
WHEREAS, the Board of Supervisors finds that proper regulation of the outside burning of materials requires a regard for the interests of those residents having larger parcels and needs distinguishable from other residential, commercial and industrial properties; and
WHEREAS, the Board of Supervisors determines that environmental concerns and the public health, safety and welfare of the Township and its residents requires proper regulation of the outside burning of materials.
BE IT ENACTED
AND ORDAINED by the Board of Supervisors of Millcreek Township,
1.01. It shall be unlawful for any person, corporation,
partnership, association or other entity to burn or cause to be burned upon any
land in
A.
Any materials of any nature whatsoever upon any
public street or road in
B. Any garbage, food waste, refuse or other material classified by the Board of Supervisors as “solid waste” or “municipal waste” under Township ordinances governing the collection, transportation and disposal of municipal and solid waste; or
C. Any materials designated by the Board of Supervisors as “recyclable materials” under Township ordinances governing the collection, transportation and recycling of recyclable materials
1.02. The prohibitions against burning set forth above in Section 1.01(A), (B) and (C) shall be absolute, and without regard to any burning allowed under this Ordinance.
1.03. It shall be unlawful for any person,
corporation, partnership, association or other entity to burn or cause to be
burned, within or upon any land in
A. Within fifty feet (50') of any property line and/or within seventy-five feet (75') of any building or structure upon any lot;
B. Without a person sixteen (16) years of age or older attending to and monitoring such burning and fire at all times;
C. Which is not within the confines of the premises owned, leased or rented by the person(s), corporation, partnership, association or other entity doing the burning or causing it to be done; and
D. Which is not expressly authorized in Sections 1.04, 1.05 and/or 1.06 of this Ordinance.
1.04. Subject to the foregoing prohibitions, the
burning of wood and yard waste in conjunction with the occupancy of a parcel of
land for single-family or two-family residential use is permitted, limited to
the following: Such burning shall take
place only on Saturdays between the hours of
(As amended by Ordinance No. 2001-14, Section 1)
1.05. This Ordinance shall not be construed so as to prohibit burning in a suitable container or pit for the sole and express purpose of cooking or barbequing food.
1.06. This Ordinance shall not be construed so as to prohibit bonfires at school and community organization or neighborhood-sponsored activities, so long as such bonfire is (a) not within fifty feet (50') of any property line, (b) not within seventy-five feet (75') of any building or structure; (c) conducted upon property owned by the school, organization or a person giving prior permission to such bonfire; (d) attended to and monitored at all times by a person 16 years of age or older and (e) not upon any public street or road in Millcreek Township. It shall be unlawful for any person, corporation, partnership, association or other entity to create or cause the creation of a bonfire except in strict conformity with the conditions established in this Section.
1.07. This Ordinance shall not be construed so
as to amend the Millcreek Township Nuisance Ordinance and other ordinances,
including but not limited to the Millcreek Township Fire Protection Code,
regulating conduct which may affect the health, safety and welfare of the
Township and others, all of which ordinances shall remain full effect and which
may apply even if burning permitted under this Ordinance causes a violation of
such other ordinance. The Fire
Prevention Code shall remain in effect and regulate matters related to this
Ordinance. This Ordinance shall not be
construed so as to suggest any liability of and by
(As amended by Ordinance No. 2001-14, Section 2)
1.08. Any person, corporation, partnership,
association or other entity who/ which violates any provision of this Ordinance
shall be liable to proceedings for enforcement of this Ordinance in accordance
with Millcreek Township Ordinances 96-8 and 96-9, as the same may be amended, and
the Pennsylvania Rules of Criminal Procedure governing enforcement of summary
offenses. The Millcreek Township Police
Department and other code enforcement personnel designated by the Board of
Supervisors shall have authority to investigate alleged violations and enforce
the provisions of this Ordinance. Upon a
determination by the Police Department or other designated code enforcement
personnel that a violation of this Ordinance has occurred, a citation shall be
given to or served upon the violator(s) and an action for enforcement of this
Ordinance instituted in the District Justice Court having appropriate
jurisdiction in accordance with the Pennsylvania Rules of Criminal Procedure
governing summary violations . The
administrative enforcement otherwise provided in Ordinance 96-8 shall not
apply. Upon entry of judgment in favor
of the Township and or the Commonwealth in such enforcement action, said
judgment shall include the criminal action fine prescribed for the violation in
Section 1.10 of this Ordinance, plus all court costs and plus all attorney fees
incurred by Millcreek Township in such matter, pursuant to Ordinances 96-8 and
96-9, as the same have been or may in the future be amended. A person found to have violated this
Ordinance shall be responsible for payment of all attorney fees incurred in the
matter by
1.09. When deemed necessary due to climatic conditions, the Millcreek Township Fire Prevention Officer shall be authorized to impose temporary bans on all outdoor burning or fires. which bans shall operate to prohibit outside fires and burning otherwise authorized by this Ordinance. It shall be unlawful for any person, corporation, partnership, association or other entity to burn or cause or allow to be burned any materials during the term of a burning ban.
1.10. Any person, corporation, partnership, association or other entity violating this Ordinance shall pay the fines prescribed for such violation in this Section. The following fines are hereby prescribed for violation of this Ordinance:
Violation Prescribed Fine
(a) Sections 1.01(A) and 1.03(C) (all violations) $300.00
(b) First violation of:
Sections 1.01(B), 1.01(C),
1.03(A), 1.03(B), 103(D),
1.04 and/or 1.06 $100.00
(c) Second and subsequent violations of:
Sections 1.01(B), 1.01(C),
1.03(A), 1.03(B), 103(D),
1.04 and/or 1.06 $300.00
(d) Section 1.09 $500.00
1.11. Upon the effective date of this Ordinance, Millcreek Township Ordinance Nos. 19, 66-18, 73-15 and 91-20 are expressly repealed and Section 11 of Ordinance 96-8 is repealed as to prescribed fines and administrative enforcement, though such ordinances shall govern all conduct and violations occurring prior to the effective date of this Ordinance.
1.12. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by any court, such holding shall not be construed to affect the validity of any of the remaining provisions of this Ordinance or its application, for such portion shall be deemed as a separate, distinct and independent provision from the remaining provisions which shall be and remain in full force and effect. It is hereby declared the legislative intent that this Ordinance would have been adopted had such valid or unconstitutional provision of its application not been included herein.
1.13. All Ordinances or parts of any Ordinances inconsistent herewith are hereby repealed.
BE IT ENACTED this 22nd day of February, 2000.
_______________________________________
Suzanne R. Weber, Secretary
Notes: The last sentence of Section 1.04 was
added pursuant to Section 1 of Ordinance No. 2001-14.
The last sentence of Section
1.07 was added pursuant to Section 2 of Ordinance No. 2001-14.
BURNORD/MLK