[HISTORY: Adopted by the Borough Council of the Borough of Canonsburg 11-1-1988 as Ch. 7, Part 2, of the 1988 Code. Amendments noted where applicable.]
From and after the effective date of this chapter, no person may burn any materials in the open, except readily combustible rubbish from residential dwellings in accordance with this chapter.
Combustible rubbish includes domestic refuse which can be readily burned, such as paper, wood, leaves and similar materials, but does not include garbage, glass, crockery, dishes, bottles, floor sweepings, metals, cans, ashes, cinders, rubber, linoleum, asphalt or tarry products, plastic or plastic products, grease and animal or vegetable wastes.
No person shall cause to be emitted into the open air from any open fire for a period of longer than two minutes smoke, the appearance, density or shade of which is darker than No. 2 of the Ringelmann Chart.
Burning shall be conducted only on private property, and no burning shall be conducted on streets and alleys in the borough.
Combustible rubbish, except leaves, may be burned only in a suitable metal or masonry container or receptacle. Such burning site shall be located a safe distance from any structures so as to prevent any fire hazard. The burning must be carried out in such a manner as to prevent the emission of noxious or offensive smoke or odor. Rubbish must be burned in such a way as to prevent ashes and unburned material from being scattered outside the container or receptacle. A competent person shall be in attendance at all times when burning is taking place.
[Amended 2-8-1999 by Ord. No. 1224; 6-14-2004 by Ord. No. 1254]
Burning may not be conducted from May through October 31 except by special permit provided for in the sections of Ordinance No. 1216 and in Subsection B. Burning may be conducted from November 1 through April 30 on Wednesdays and Saturdays between the hours of 10:00 a.m. to 5:00 p.m. prevailing time.
Notwithstanding the regulations herein, the following fires are to be considered special:
Fires set solely for recreational purposes, i.e., fires used in connection with camping, cooking, picnicking or other commonly accepted recreational activity. Such fires may not be more than six feet in circumfrence.
Fires set to prevent or abate a fire hazard and under the supervision or set by a public officer as accepted or approved by the PaDEP.
Fires set for the purpose of instructing personnel in firefighting.
Fires set for environmental purposes.
Fires requested for construction sites. These are permitted by permit only at the discretion of the Code Enforcement Officer.
This chapter shall not be construed to prevent the burning of other combustible materials, such as brush, tree limbs and demolition materials, in open fires under a permit from the Borough Manager or other civil authority as may be designated by the Council from time to time.
Any person violating any of the provisions of this chapter shall, for each and every violation, upon conviction thereof before the District Justice in the local magisterial district, be sentenced to pay a fine of not less than $25 nor more than $100, plus costs, for the first violation of this chapter and not less than $50 nor more than $300 for the second violation of this chapter and/or to imprisonment in the Washington County Jail for a period not exceeding 90 days, provided that each day in which any violation exists shall constitute a separate violation. All fines, penalties and costs provided for herein, except District Justice or magisterial costs of prosecution, are payable to the Borough of Canonsburg.