As used in this chapter, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Summit Hill.
CHIMNEY
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired outdoor heating device,
especially that part of such structures extending above a roof.
CLEAN WOOD
Wood that has no paint stains or other types of coatings
and wood that has not been treated with substances, including but
not limited to copper arsenate, creosote or pentachlorophenol; also
defined as wood pellets made from clean wood.
OUTDOOR FUEL-BURNING APPLIANCE
A device, including any furnace, stove or boiler, designed
and constructed to burn oil, wood, coal or other fuels manufactured
for placement outdoors for the heating of the living area of a structure.
PERSON
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
government entity or agency, or other legal entity recognized by law.
It shall be the duty of the Borough Code Enforcement Officer
to enforce the terms of this chapter and secure compliance with requirements
thereof.
[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 conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such 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 Carbon County.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair the remaining provisions, sentences, clauses, sections or parts
of the chapter. It is hereby declared as the intent of the Borough
of Summit Hill that this chapter would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
This chapter shall take effect five days from the date of enactment.