[HISTORY: Adopted by the City Council of the City of DuBois 4-13-1992 by Ord. No. 1499 (Ch. 7, Part 2, of the 1995 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- The Council of the City of DuBois.
- Any enclosed device specifically designed for burning any material for the production of heat.
- Any putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
- Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.
- OPEN FIRE
- A fire in which any material is burned in the open or in a receptacle other than a furnace, incinerator or barbecue grill.
- Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.
- Garbage, rubbish and trade waste.
- Solids not considered to be highly flammable or explosive, including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
- SALVAGE OPERATION
- Any business, trade or industry engaged, in whole or in part, in salvaging or reclaiming any product or material, including, but not limited to, metals, chemicals, shipping containers or drums.
- TRADE WASTE
- All solid or liquid materials or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials, provided that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.
Within the DuBois City limits, no person shall:
Deposit hot ashes or cinders, smoldering coals or greasy or oily substances liable to spontaneous ignition into any wooden receptacle, nor shall such person place the same within 10 feet of any combustible material unless placed within metal or other noncombustible receptacles; nor shall any wastepaper, hay, grass, straw, litter, flammable or combustible waste or rubbish of any kind be permitted to remain upon any roof or in any courtyard, vacant lot or open space; and no person making, using, storing or having in their charge any shavings, excelsior, rubbish, sacks, litter or combustible waste materials of any kind shall fail or neglect at the closing of each day to cause all such material which is not compactly bailed and stacked in an orderly fashion to be removed from the building or stored in such containers as are noncombustible; nor shall any persons store an excess of 2,500 cubic feet gross volume of any combustible packing cases, boxes, barrels or any other similar combustible materials, without a permit issued by the City of DuBois.
Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside any building.
Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his control outside of any building.
Subject to the following exceptions:
Open fires may be set with the prior written approval of the Fire Chief of the City of DuBois, provided that:
Branches and other nonputrescible vegetable matter are burned.
There is no practical available alternative method for disposal of the material to be burned.
No hazardous or other objectionable condition will be created by such burning.
No such burning is allowed on any street or sidewalks within the City of DuBois.
All such burning takes place between the hours of 9:00 a.m. and 9:00 p.m.
All chimneys, smokestacks or similar devices for conveying hot gases to the outer air, and all stoves, furnaces, fire boxes or boilers to which they are connected, and all trap doors, excepting those which are automatic in their operation, in any factory building or buildings used for storage shall be closed at the completion of business on each day and shall be maintained in such a manner as not to create a fire hazard. Any persons using a torch or other flame-producing device for removing paint or other materials from any building or structure shall provide one approved fire extinguisher at such place or, in lieu thereof, shall maintain a water hose connected to the water supply on the premises where such burning is done.
The Council of the City of DuBois shall appoint the Codes Enforcement Officer, who shall have the power to enforce the provisions of this chapter.
[Amended 7-24-1995 by Ord. No. 1544]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 plus costs and, in default of payment, to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.