[HISTORY: Adopted by the Borough Council of the Borough of Mount Jewett 9-14-1987 by Ord. No. 187. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
As used in this chapter, includes any natural person, partnership, association, firm, corporation or authority.
A. 
No person shall burn any paper or refuse outdoors within the limits of the Borough of Mount Jewett, unless such fires are protected by drum or other burning container with cover, basket or masonry enclosure and then only upon meeting the conditions and times set forth herein. The receptacle must be equipped with a top so constructed as to prevent burning debris from escaping into the atmosphere.
B. 
The burning of any material is prohibited upon any public street or alley.
C. 
Upon compliance with § 190-2A above, burning shall only be permitted on Monday, Tuesday, Wednesday, Thursday and Friday of each week between the hours of 6:00 a.m. until 9:00 a.m. and 5:00 p.m. until 8:00 p.m., and on Saturday between the hours of 6:00 a.m. and 9:00 p.m.[1] All fires must be tended at all times until the fire is out.
[1]
Editor's Note: Sunday hours for burning are between 1:00 p.m. to 9:00 p.m.
D. 
The burning of garbage, vegetable waste, rubber, plastics, furniture, glass, metals, crocking, car products, animal waste or any other materials which will create nauseous or noxious fumes, smoke, toxic chemicals or excessive fly ash is specifically prohibited.
E. 
The burning of brush, dry grass or leaves is permitted during the hours set forth above, provided that the other sections herein are complied with.
F. 
It shall be lawful to burn paper and other refuse materials that is readily combustible and will not create nauseous fumes, noxious smoke or excessive fly ash during the hours set forth above and upon meeting all other conditions herein.
G. 
Charcoal or wood fires kindled for the purpose of outside barbecues shall be permitted.
H. 
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 located within a residence.
I. 
The burning of large brush piles or grass areas for the purpose of clearing land shall be permitted, provided the Borough Fire Department is contacted in advance and advised of such plans so that the Fire Department may be aware of the location of said land and be able to stand by in case of emergency.
Refuse, paper of other waste materials surrounding burning pits or other areas used for the burning of paper or refuse shall be collected and properly disposed of by the owner of the premises on which the burning pit is located.
If this chapter or any part of the same is declared unconstitutional, invalid, or otherwise unenforceable, the remaining part shall remain in full force and effect. Any ordinance or any part of any ordinance of the Borough of Mount Jewett which has heretofore been passed and which is inconsistent with any term of this chapter is hereby repealed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of McKean County.
All ordinances or parts of ordinances inconsistent herewith be, and the same are, repealed.