(A) No person shall kindle or maintain any bonfire or rubbish fire, or authorize such fire to be kindled or maintained, on or in any public street, alley, road or other public ground without a permit or other proper authorization; provided, however, the above shall not apply to a person using any public park or public playground in the manner provided and authorized by the authorities in control of the same.
(B) Excepting where expressly authorized by statute or ordinance, no automobile tires or other parts of any motor vehicle, waste or other articles or substances emitting excessive smoke shall be kindled or burned without a permit therefor having been issued by the Fire Chief of the township’s Fire Department or a duly authorized representative. No permit shall be granted, except to prevent possible great hardship or great loss and then, only, if such burning will not unduly pollute the atmosphere or premises owned by other persons.
(C) Burning of waste flammable material in a closed or approved burning device is permitted without a permit.
(D) No person may burn any waste flammable material in any manner, other than in approved or closed burning devices, without first having obtained a permit from the Chief of the township’s Fire Department or from a township official.
(E) This subchapter shall not apply to the burning of fuels such as wood, charcoal or gas for the preparation of food or recreation.
(F) It shall be lawful with a permit to burn leaves, branches not exceeding four inches in diameter, “yard clippings”; provided further that, the following conditions are met.
(1) Such burning is not done on a public street or a public parkway;
(2) Said leaves and/or yard clippings shall emanate from the property on which it is burned;
(3) The burning must occur not less than 75 feet from the nearest public street or highway, at least 50 feet from all buildings and at least 150 feet from the nearest dwelling owned or occupied by any person other than the owner of the premises on which such burning shall occur;
(4) No burning shall take place between the hours of one hour before sunset and one hour after sunrise;
(5) No burning shall take place when weather conditions are such that burning is, in the opinion of the Fire Chief or his or her designee, likely to create a hazard;
(6) Burning shall be conducted in such manner that it will not be detrimental to the health, safety or welfare of other persons or property;
(7) All burning must be done under the continuous supervision of an adult who shall be present at the fire site; and
(8) Some type of equipment capable of extinguishing the fire must be conveniently available whenever burning is taking place.
(G) Fruit farmers in the township shall be permitted to burn brush, after obtaining a burning permit from the township office; provided that, the brush (being trees and/or tree trimmings and/or branches of any size and/or leaves and/or cut grass) shall emanate from the property on which it is burned and that all conditions of divisions (F)(1) through (F)(7) above are met.
(H) The Fire Chief or his or her designee is hereby designated as the authorized official to issue municipal civil infraction citations for violation of this subchapter.
(Prior Code, § 81.003) (Ord. 125, effective 10-13-1979; Ord. 96-1, effective 5-9-1996; Ord. 00-1, passed 1-13-2000) Penalty, see § 92.99