Residences and commercial and industrial establishments located within
the Borough of Punxsutawney are entitled to clean air and environmental conditions
free of unreasonable dust, odors, fumes and smells, as well as an environment
which is free of stored debris and combustible fuels in outdoor areas within
the densely populated Borough. Commonly available research indicates that
outdoor furnaces generate emissions which cross property lines, and because
these emissions, including but not limited to smoke, stay close to the ground,
they readily infiltrate neighboring residences and buildings and can easily
come into contact with people and animals both indoors and outdoors. These
emissions have been observed to cause poor visibility, including upon highways,
streets, and alleys within the Borough. These emissions can aggravate cardiovascular
and respiratory health problems, such as angina and asthma, bronchitis and
emphysema, as well as irritate breathing and irritate the eyes of healthy
persons.
As used in this chapter, the following terms shall have the meanings
indicated:
CHIMNEY
A tube attached to an outdoor furnace for the purpose of channeling
fumes, smoke and odors away from the outdoor furnace.
FUEL
Only fuel approved and recommended for use by the manufacturer of
the outdoor furnace shall be burned. In no event will fuel include cardboard,
cooking oil, garbage, gasoline, lawn or tree trimmings, leaves, naphtha, paper,
plastics, rubber, trash, material treated with petroleum or other substances,
or materials the fumes from the combustion of which may be dangerous to the
health of an average person or cause poor visibility on any highway, street
or alley within the Borough.
OUTDOOR FURNACE
Any outdoor fuel-burning device, appliance, apparatus, equipment,
furnace, container, or any part thereof, whether marketed and sold by a manufacturer
as an outdoor furnace or otherwise, which is installed, affixed or situated
on property within the Borough of Punxsutawney for the purpose of combustion
of fuel to produce heat for a heating system used to heat an interior space
or water. Included are outdoor furnaces which have been enclosed by any kind
of structure or building of any kind, including a garage or shed separated
by space from the residence or building the furnace serves. Any "homemade"
outdoor furnace is prohibited.
PERSON
Any individual, agent, independent contractor, business, partnership
or corporation. Use of the singular herein shall include the plural.
SMOKE
Any by-product, whether visible or not visible, produced by the combustion
or burning of any material when operating an outdoor furnace.
Outdoor furnaces shall be operated only between October 1 and April
30.
Every outdoor furnace shall use only the type of fuel as recommended
by the manufacturer and required by this chapter or other code, law or regulation.
Any outdoor furnace discovered to be operating in violation of any provision
of this chapter shall be extinguished immediately. Any police officer, code
enforcement officer, fire official or other designated official or agent of
the Borough may order the immediate extinguishment of any fire in any outdoor
furnace being operated in violation of the provisions of this chapter. Said
official or agent may take any reasonably prudent action to extinguish or
cause the extinguishment of any fire in any outdoor furnace believed to be
operated in a manner which violates the provisions of this chapter. Failure
to follow the directives of any such official or agent named herein shall
constitute a violation of this chapter. Any time an outdoor furnace is extinguished
pursuant to the provisions of this section, it shall be reported to the Punxsutawney
Code Enforcement Officer.
The standards and regulations set forth in this chapter, except for §
135-3, Location, shall apply to all outdoor furnaces already being operated within the Borough of Punxsutawney on the date this chapter is enacted, at an effective date set forth below.
Any violation of any provision of this chapter shall be a summary offense.
Upon conviction, a person shall be sentenced to pay a fine of not less than
$500 nor more than$1,000, plus costs, and, in default of payment, to a term
of imprisonment not to exceed 30 days. A second conviction will result in
the permanent revocation of the permit issued for the offending outdoor furnace.
Each day a violation exists shall be deemed and constitute a separate offense.