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As used in this Part, the following terms shall have the meanings indicated:
Person - any natural person, partnership, association, firm, company, or corporation or other entity.
Permit - as issued by the Dover Township Board of Supervisors or its representative, which clearly identifies the property, its zoning district, location, and responsible parties. A permit shall be valid for such time as established the Township and may be changed by resolution of the Board of Supervisors from time to time. No permit shall be issued under this Part until the sum in an amount as established from time to time by resolution of the Board of Supervisors shall be paid.
(Ord. 2006-03, 7/24/2006; as amended by Ord. 2016-04, 5/23/2016)
1. It shall be prohibited to conduct outdoor burning in any zoning district other than the Conservation (CV) District and the Agricultural (A) District within Dover Township.
2. No person under the age of 18 shall be permitted to regulate, manage or control an outdoor burning.
3. No person shall conduct an outdoor burning between sunset and sunrise.
4. No person shall conduct an outdoor burning within 150 feet of any building.
5. No person shall conduct an outdoor burning within 25 feet of any adjoining property line.
6. No person shall conduct a burning on any public or private street, street right-of-way, alley, road or highway.
7. No person shall conduct a burning of any item, at any time, for the purpose of disposal, that may be accommodated through services provided by the Township or a designee including, but not limited to, household garbage, furniture, wire for the purpose of removing insulation, dead animals, automobiles, automobile parts, tires, structures that have been previously burned, recyclables, leaf waste and large item pickup.
8. No person shall conduct a burning consisting of construction residue and waste.
(Ord. 2006-3, 7/24/2006; as amended by Ord. 2014-07, 10/27/2014, §1; by Ord. 2016-04, 5/23/2016; and by Ord. 2020-03, 3/23/2020)
1. The following activities are exempt from the outdoor burning restriction in § 7-202.1 above:
A. The performance of an official duty of any public officer, if the burning is necessary for the prevention of a fire hazard that cannot be abated by any other means. A burn permit is not required under this subsection.
B. A burning required for the protection of public health at the direction of the appropriate public officer. A burn permit is not required under this subsection.
C. Instructing personnel in firefighting when approved by a fire chief in their first response area in Dover Township. A burn permit is not required under this subsection.
D. Outdoor burnings done in conjunction with school-related or civic functions such as bonfires, group wiener roasts or campfires, provided that:
(1) Such burnings are conducted under adult supervision (21 years of age or older);
(2) Such burnings are extinguished by midnight of the same day; and
(3) A burn permit is obtained (no fee will be assessed for the issuance of a permit under this subsection).
E. An outdoor recreational fire is permitted in any zoning district when contained or enclosed within an approved appliance built or manufactured for that purpose (for example: fire bowls, fire rings, chimaneas, and stone fireplaces). All such appliances must be located a sufficient distance from any structure so as not to create a nuisance from smoke leaving the property or a fire safety hazard from flying embers or ash, and shall be supervised at all times. Failure to adhere to these requirements shall require the recreational fire to be extinguished immediately. Only sticks and unfinished wood may be burned in these appliances. A burn permit is not required under this subsection, but any recreational fire larger than two feet square must be approved by the Fire Chief, or his or her deputy, and must comply with § 7-202 (4) and (5).
F. Burn barrels are not permitted in any residential area, except when used by an agricultural use as that term is defined in the Township's Zoning Ordinance [Chapter 27].
G. An outdoor burning related to agricultural use, as that term is defined in the Township's Zoning Ordinance [Chapter 27]. A burn permit is required under this subsection.
(Ord. 2006-03, 7/24/2006; as amended by Ord. 2016-04, 5/23/2016)
1. Any person desiring to conduct an outdoor burn must first obtain a burn permit, unless otherwise indicated under this Part. The application for a burn permit shall be made to the Township’s Fire Chief, or his or her deputies, who shall review and approve or deny the application within 2 business days.
2. All outdoor burnings shall be kept under competent and continuous supervi sion.
3. All flammable and combustible materials not in use as a fuel for a burn shall be removed a sufficient distance from a burn so as to not constitute a hazard.
4. Proper notification shall be made to the York County Emergency Center (911) of the time, place and period of an outdoor burning.
5. All fires, ashes and coals shall be thoroughly extinguished after the use thereof has been completed.
6. Notification to the York County Emergency Center (911) shall be made when an outdoor burn is completed.
(Ord. 2006-03, 7/24/2006; as amended by Ord. 2016-04, 5/23/2016)
1. The Dover Township Board of Supervisors hereby authorizes the Township’s Fire Chief, or his or her deputies or the Northern York County Regional Police Department, to enforce the provisions of this Part in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
2. Any person who shall violate any of the provisions of this Part shall, upon summary conviction, be subject to a penalty of not less than $50 nor more than $600 per violation. Should such person refuse or neglect to pay such penalty, such person shall be subject to imprisonment to the extent allowed by law for the punishment of summary offenses.
3. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this Part that is found to have been violated.
(Ord. 2006-03, 7/24/2006; as amended by Ord. 2016-04, 5/23/2016)
Part 3
Regulation of Fireworks
Regulation of Fireworks
The following words, when used in this chapter, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
Code Official - the Code Official with regard to this chapter shall be the Fire Chief of Dover Township or his/her officially designated representative.
Discharge site - the immediate area surrounding the fireworks mortars used for an outdoor fireworks display.
Display site - the immediate area where a fireworks display is conducted. The display area includes the discharge site, fallout area and the required separation distance from the mortars to spectator viewing areas. The display area does not include spectator viewing areas or vehicle parking areas.
Fallout area - The area over which aerial shells are fired. The shells burst over the area, and unsafe debris and malfunctioning aerial shells fall into this area. The fallout area is the location where a typical aerial shell dud falls to the ground depending on the wind and the angle of mortar placement.
Fireworks - Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, or detonation that meets the definition of Class B or Class C explosive or 1-3G/ 1.4G fireworks as set forth herein.
Fireworks,1.3G - Large fireworks devices, which are explosive material intended for use in fireworks displays and designed to produce audible or visible effect by combustion, deflagration, or detonation. Such 1.3G fireworks include, but are not limited to, firecrackers that contain more than 130 milligrams of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition and other display pieces which exceed the limit for classification as lAG fireworks. The United States DOT also describes such 1.3G fireworks as “Fireworks, UN0335.”
Fireworks, 1.4G - Small fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such 1-4G fireworks which comply with the construction, chemical composition, and labeling regulations of the United States DOT for Fireworks,UN0336,and the U.S. Consumer Product Safety Commission as set forth in the CPSC 16 CFR, Parts 1500 and 1507, are not explosive material for the purpose of this chapter.
Fireworks, 1.4S - Any small fireworks devices that produce a visible or audible effect by combustion or deflagration and that meet the requirements of the Consumer Product Safety Commission for the quantity of internal composition, construction, size and labeling for sale to and use by the general public. They are typically classified as UN0336 Fireworks or 1-4S by the United States DOT and are typically referred to as “consumer fireworks.”
Fireworks display - A presentation of fireworks for a public or private gathering.
Highway - A public street or private street, public alley or public road.
Mortar - A tube from which fireworks shells are fired into the air.
NFPA 1123 - The National Fire Protection Association standard on Fireworks Displays, 2014 Edition (or subsequent edition).
NFPA 1126 - The National Fire Protection Association standard on the Use of Pyrotechnics before a Proximate Audience, 2011 Edition (or subsequent edition).
Novelty items - Novelty items are those materials commonly marketed and sold as fireworks to the general public. Novelty items shall include sparklers, smoke bombs, fountains, pinwheels or any other similar items.
Proximate audience - An audience closer to pyrotechnic devices than permitted by NFPA 1123, Fireworks Displays, 2014 Edition (or subsequent edition).
Pyrotechnic composition - A chemical mixture that produces visible light displays or sound through any propagating, heat-releasing chemical reaction which is initiated by ignition.
Pyrotechnic special effect - A visible or audible effect for entertainment created through the use of pyrotechnic materials and devices.
Pyrotechnic special-effect material - A chemical mixture used in the entertainment industry, to produce visible or audible effects by combustion, deflagration or detonation. Such a chemical mixture predominantly consists of solids capable of producing a controlled, self-sustaining and self-contained exothermic chemical reaction that results in heat, gas, sound, light or a combination of these effects. The chemical reaction functions without external oxygen.
(Ord. 2014-05, 8/25/2014)
1. The possession, manufacture, storage, handling, sale and use of fireworks are prohibited.
2. Exception. The possession, storage, handling and use of fireworks for the purpose of public or private pyrotechnic displays shall be permitted after the issuance of a special fireworks permit.
3. The Code Official and police officers of Northern York County Regional Police shall seize, take, remove, or cause to be removed at the expense of the owner all fireworks offered or exposed for display or sale, stored or possessed in violation of the provisions of this Part.
(Ord. 2014-05, 8/25/2014)
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