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.
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.