[HISTORY: Adopted by the Mayor and Council of the Borough of Port Allegany 10-20-1988 by Ord. No. 370; amended in its entirety 10-2-1995 by Ord. No. 399. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 56.
Garbage, rubbish and refuse — See Ch. 62.
This chapter is enacted to protect the health, safety and welfare of the residents of the Borough of Port Allegany and for the prevention of fires, as well as to eliminate nuisances and hazards to health caused by smoke, cinders and ashes.
A. 
No person shall burn any paper or refuse of any kind outdoors within the limits of the Borough of Port Allegany unless such fires are contained and protected by a burn barrel, salamander, wire basket or masonry enclosure. Such receptacle must have openings not greater in size than 1/2 inch. The receptacle must be equipped with a top so constructed as to prevent fly ash from escaping into the atmosphere. Larger, uncontained fires, such as large quantities of brush, may be kindled and maintained, provided that prior notification, including the date and time of the fire, is provided to the local fire department for approval by the Fire Chief.
B. 
No such outside fire shall be kindled or maintained within 20 feet of any building or the opening of any building, except for properly constructed and maintained heating systems, within 10 feet of any property line or street right-of-way line or within 25 feet of propane tanks, fuel oil tanks or any similar vessels used for storing and/or transporting flammable substances.
C. 
The burning of any material in or upon any public street or alley is prohibited.
D. 
All fires must be tended at all times until the fire is out.
E. 
Open burning shall not be used for waste disposal purposes and shall be of the minimum size for the intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
F. 
The burning of garbage, vegetable waste, rubber, plastics, furniture, glass, metals, crocking, automotive parts or products or any other materials which will create nauseous or noxious fumes, smoke, toxic chemicals or excessive fly ash is specifically prohibited.
G. 
Outdoor burning which is offensive or objectionable due to smoke or odor emissions when atmospheric conditions or other local circumstances exist that make such burning hazardous is prohibited. Such fires which create or add to such hazardous situations may be ordered extinguished by the Code Enforcement Officer, Borough Police, Fire Chief (or designated representative) or Borough Manager.
H. 
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.
I. 
Charcoal or wood fires kindled for the purpose of outside barbecues shall be permitted.
J. 
Fireplaces within a private residence 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 or furnace within the borough.
K. 
No person shall burn fallen leaves at any time in the borough limits, either on private or public property.
Any person who shall violate any of the provisions of this chapter or who shall fail to comply herewith shall, upon conviction before a District Magistrate, be guilty of a summary offense and shall be fined in an amount to be set by the Court, plus costs of prosecution pursuant to law. Each day a violation occurs shall constitute a separate offense. In the event the fine and costs are not paid, the defendant shall be sentenced to serve not more than 30 days in the McKean County Jail. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.