[HISTORY: Adopted by the Borough Council of the Borough of Jefferson 10-2-1989 by Ord. No. 89-5. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 107.
Solid waste — See Ch. 137.
A. 
The following words, terms and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
OUTSIDE FIRE
Any fire in which any material is burned in the open air or otherwise in the out of doors in any manner or portion whatsoever. However, "outside fire" shall not mean and this chapter shall not apply to a fire which is solely used for cooking purposes and is contained within an enclosure of nonflammable material.
PERSON
Includes any natural person, corporation, partnership, association, or other business entity.
B. 
Word usage: The singular shall include the plural, and any gender shall include all genders.
No person shall ignite, set, kindle, feed or maintain any outside fire or authorize or allow any outside fire to be ignited, set, kindled, fed or maintained within the Borough.
Notwithstanding the foregoing, the provisions of § 68-2 hereof shall not apply in the following circumstances, which exceptions shall apply only as specifically limited as follows, to wit:
A. 
Outside fires may be set in the performance of an official duty of any public officer if the fire is necessary for:
(1) 
The prevention of a fire hazard which cannot be abated by other means.
(2) 
The protection of public health.
B. 
The paper and cardboard products and packaging, wood materials, leaves, tree limbs and other tree parts may be burned in an outside fire on Tuesdays and Saturdays from sunrise to sunset so long as an adult is present and supervising such fire at all times, and so long as the tree limbs and parts which are being burned do not exceed four feet in length and three inches in diameter and any wood materials being burned have been broken down to safe and manageable size. Nevertheless, the Borough Council may prohibit all outside fires whatsoever when atmospheric conditions or other local circumstances make such fires hazardous to the public health and welfare.
[Amended 9-3-1996 by Ord. No. 96-3]
C. 
The Jefferson Volunteer Fire Company, or its lawful successor, shall be permitted to burn structures for practice and conduct controlled burns at such reasonable times as may be necessary.
[Added 9-3-1996 by Ord. No. 96-3]
Any person who shall violate or fail to conform to any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, together with cost of prosecution, or be sentenced to imprisonment for not more than 30 days, or by both such fine and imprisonment. The imposition of a penalty for the violation of this chapter shall not excuse the violation or permit it to continue. Each day shall constitute a separate offense. The application of any fine or penalty under this section shall not be construed so as to prevent the Borough from enforcing removal of prohibited conditions by other legal action.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In any case where provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. Except in such a situation as just specified, any ordinance or part of an ordinance conflicting with this ordinance shall be in the same as hereby repealed insofar as the same affect this chapter.