As used in this chapter, the following terms
shall have the meanings indicated:
OUTDOOR FUEL-BURNING APPLIANCE
A device, including, but not limited to, any furnace, stove
or boiler, designed and constructed to burn wood and/or other fuels
specifically designated by the appliance's manufacturer, manufactured
for placement outdoors for the heating of a residence, building or
other structure and/or the heating of water supplied to a residence,
building or other structure.
CHIMNEY
A vertical structure enclosing a flue or flues that carries
off smoke and/or exhaust from an outdoor fuel-burning appliance's
firebox or burn chamber.
It shall be the duty of the Borough's Police
Department and/or the Borough Code Enforcement Officer to enforce
the terms of this chapter and secure compliance with the requirements
thereof. Any authorized officer, agent, employee or representative
of Moosic Borough may inspect any property located within Moosic Borough
for purposes of ascertaining compliance with the provisions of this
chapter.
The Borough Solicitor shall initiate an enforcement
action before a district judge against any person, firm or corporation
who is in violation of this chapter. Any person, firm or corporation
who shall violate any provision of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600 and, in
default of payment and of said fine, to imprisonment for a term not
to exceed 30 days. Every day that a violation of this chapter continues
shall constitute a separate offense. An equitable remedy may also
be sought by the Borough Solicitor against any person, firm or corporation
in violation of this chapter by filing an appropriate action in the
Court of Common Pleas of Lackawanna County.