Pennsylvania Act 1995-52 — COUNTIES OF SECOND THROUGH EIGHTH CLASS - TEMPORARY BURN BAN

Act text

COUNTIES OF SECOND THROUGH EIGHTH CLASS - TEMPORARY BURN BAN
                  Act of Oct. 24, 1995, P.L. 332, No. 52              Cl. 16
                                  AN ACT

     Authorizing the imposition of temporary countywide burn bans
        under certain circumstances; and providing penalties for
        violations.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Authorization.
        (a)  General rule.--Subject to the prerequisites of
     subsection (b), the governing body of any county of the second
     class through eighth class, including home rule counties, shall
     have the power and may, by resolution, provide for the
     imposition of a temporary countywide burn ban on open fires. The
     resolution shall state what conditions will warrant a temporary
     countywide burn ban, the procedures used to notify residents of
     the ban, the procedures used to enforce the ban and the
     procedures used to remove the ban. Each resolution shall require
     a minimum notice of 48 hours prior to the imposition of a
     temporary countywide burn ban.
        (b)  Prerequisites.--Prior to adopting any countywide burn
     ban on open fires under subsection (a), the governing body of
     the county shall have received a written recommendation from the
     district forester who has received or solicited verbal requests
     from at least ten fire chiefs or 50% of the fire chiefs in a
     county, whichever is less, from various sections of the county
     recommending and requesting the imposition of a temporary
     countywide burn ban on open fires.
        (c)  Duration.--Any burn ban imposed under this section shall
     remain in effect for no more than 30 days. The county
     commissioners, upon the recommendation of the district forester,
     may extend the ban for up to an additional 30 days.
     Section 2.  Construction.
        Any burn ban imposed under section 1 shall supersede any
     municipal ordinance to the contrary.
     Section 3.  Enforcement.
        (a)  Enforcing officials.--Any sworn police officer when
     available, including the Pennsylvania State Police, shall be
     responsible for enforcing the provisions of this act.
        (b)  Limitation.--Whenever a violation of this act occurs in
     a city, borough, incorporated town or township which has in
     effect an ordinance prohibiting open burning, the police officer
     may cite the violation under either the municipal ordinance or
     the county resolution. Under no circumstances shall any person
     be cited for violations of both the county resolution and the
     municipal ordinance for the same violation.
     Section 4.  Penalty.
        A person who violates this act commits a summary offense and
     shall, upon conviction, be sentenced to pay a fine of not more
     than $100 for the first offense, $200 for the second offense and
     $300 for the third offense.
     Section 5.  Effective date.
        This act shall take effect in 60 days.