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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART II GENERAL LEGISLATION: Chapter 65, BURNING

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 2-11-1971 by Ord. No. 1299. Amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention -- See Ch. 85.

Garbage, rubbish and refuse -- See Ch. 92.

Nuisances -- See Ch. 108.

65-1. Definitions.

The following words, terms and phrases, when used in this chapter shall have the following meanings ascribed to them:

FURNACE -- Any enclosed device designed for the burning of any material primarily for the production of heat.

GARBAGE -- All putrescible animal and vegetable matter resulting from the handling, preparation or cooking of food.

INCINERATOR -- Any device designed or used for the destruction or reduction by burning of refuse.

OPEN FIRE -- A fire in which any material is burned in the open or in a receptacle other than furnace or incinerator.

PERSON -- Any individual, partnership, association, company, syndicate, 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, excelsior, paper, ashes, tree branches, tree stumps, leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.

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 resulting from the pursuit of any business, trade or industry, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and building or construction materials.

65-2. Enforcement.

The Health Officer or other duly authorized agent of the Board of Township Commissioners shall have the power and duty to enforce the provisions of this chapter.

65-3. Prohibited burning; exceptions.

A. After the effective date of this chapter, no person shall:

(1) Ignite or feed an open fire for the destruction or reduction of refuse or in the conduct of a salvage operation in any public or private place in the Township of Abington.

(2) Cause, suffer, allow or permit the maintenance of any open fire for the destruction or reduction of refuse or in the conduct of a salvage operation on or in any property under such person's control in the Township of Abington.

(3) Use incinerators (except those legally installed prior to the adoption of this chapter) for the destruction or reduction of refuse.

B. Exceptions. The requirements of this chapter restricting burning or incineration of refuse shall not apply under the following conditions:

(1) A fire may be set by or under the supervision of a public officer to prevent or abate a fire hazard. Such permission shall be by written application and permit as issued by the Abington Township Fire Marshal.

(2) Fires may be set by authorized Abington Township officials when necessary for the training of Abington Township Fire Department personnel.

(3) A fire may be set in dwelling unit fireplaces.

(4) A fire may be set for the grilling, broiling or barbecuing of food.

65-4. Violations and penalties.

Any person violating any of the provisions of this shall, upon conviction thereof by any District Justice, be sentenced to pay a fine of not less than $25 nor more than $300, together with the costs of prosecution. Each day a violation exists shall constitute a separate offense. Upon default in the payment of any fine, the defendant may be sentenced and committed to the township lockup for a period not exceeding five days.