[HISTORY: Adopted by the Borough Council
of the Borough of Kane 12-20-1982 by Ord. No. A-824. Amendments noted
where applicable.]
This chapter is enacted in the interest of the
health, safety and welfare of the residents of the Borough of Kane
for the prevention of fires and to eliminate nuisances caused by smoke,
cinders and ashes.
A.
No person shall burn any paper or refuse outdoors
within the limits of the Borough of Kane, unless such fires are protected
by salamander, wire basket or masonry enclosure. The receptacle must
be equipped with a top so constructed as to prevent burning debris
from escaping into the atmosphere.
B.
The burning of any material is prohibited upon any
public street or alley.
C.
No fire shall be kindled or maintained on Sunday or
legal holidays, but shall be permitted on Monday, Tuesday, Wednesday,
Thursday, Friday or Saturday of each week between the hours of 6:00
a.m. until 9:00 a.m. and 5:00 p.m. until 8:00 p.m. All fires must
be tended at all times until the fire is out.
D.
The burning of garbage, vegetable waste, rubber, plastics,
furniture, glass, metals, crocking, car products or any other materials
which will create nauseous or noxious fumes, smoke, toxic chemicals
or excessive fly ash, is specifically prohibited.
E.
The burning of brush, dry grass or leaves is permitted during the hours set forth under Subsection C above.
F.
It shall be lawful to burn paper and other refuse material that is readily combustible, and will not create nauseous fumes, noxious smoke or excessive fly ash during the hours set forth in Subsection C above.
G.
Charcoal or wood fires kindled for the purpose of
outside barbecues shall be permitted.
H.
Fireplaces (inside and/or outside) and outside burners
located within the Borough of Kane are permitted for the purpose of
providing heat or for use as a barbecue, but in no event shall garbage,
rubbish or trash be burned in a fireplace (inside and/or outside)
or in an outside burner located within the Borough of Kane.
[Amended 11-10-2008 by Ord. No. A-987]
I.
The burning of large brush piles or grass areas for
the purpose of clearing land shall be permitted, provided that the
Borough Fire Department is contacted in advance and advised of such
plans so that the Fire Department may be aware of the location of
said land and be able to stand by in case of emergency.
Refuse, paper or other waste materials surrounding
burning pits or other areas used for the burning of paper or refuse
shall be collected and properly disposed of by the owner of the premises
on which the burning pit is located.
Any person who shall violate any of the provisions
of this chapter or fail to comply herewith shall upon conviction before
a Justice of the Peace or District Magistrate, shall be subject to
a fine of not less than $10, nor more than $300, plus cost of prosecution,
for each violation. In the event that the fine and costs are not paid,
the defendant shall be sentenced to serve not more than 30 days in
the McKean County Jail. Each day the violation exists shall constitute
a separate offense.
