[Ord. 2008-02, 1/7/2008]
It is the purpose of this Part 5 to ban the construction and operation of outdoor furnaces within the limits of the Borough of Watsontown for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Borough and its inhabitants. It is generally recognized that the types of fuel used, and the scale and duration of the burning by such furnaces create noxious and hazardous smoke, soot, fumes, odors, air pollution, particles, and other products of combustion that can be detrimental to citizens health, and can deprive neighboring residents of the enjoyment of their property or premises. It is generally recognized that these units are designed for long burn times between loading and typically have chimney heights less than 10 feet. It is generally recognized that the designed restricted airflow, low operating temperatures, lack of emission controls, and large fuel loads frequently result in excessive smoke. Under some conditions, smoke can cause both acute and chronic health problems to other residents if they are exposed to the smoke. Additionally, these types of outdoor furnaces are increased fire hazards because of their construction and operation. Further, these types of outdoor furnaces may be an attractive nuisance for children, who are not aware of the danger involved.
[Ord. 2008-02, 1/7/2008]
As used in this Part, the following terms shall have the meanings indicated:
FREESTANDING OUTDOOR FURNACE
Shall mean, but is not limited to, any device, appliance, equipment, apparatus, or structure (commonly referred to as "outdoor furnaces," "outdoor boilers," and "outdoor stoves"), or any other structure which:
1. 
Is designed, intended and/or used to provide heat and/or hot water to any associated structure; and
2. 
Is operated by burning wood or any other solid fuel, including, but not limited to, coal, paper pellets, and agricultural products; and
3. 
Is located outside of the associated structure that will have heat or hot water provided to it.
[Ord. 2008-02, 1/7/2008]
1. 
All existing freestanding outdoor furnaces must be disconnected from all other structures within 30 days of the enactment of this Part 5.
2. 
All existing freestanding outdoor furnaces may not be used after the effective date of this Part 5.
[Ord. 2008-02, 1/7/2008]
1. 
It shall be unlawful to install or operate a freestanding outdoor furnace, and to cause or permit the installation or operation of a freestanding outdoor furnace, within the Borough of Watsontown.
2. 
Nothing contained herein shall authorize any installation that is a public or private nuisance, regardless of compliance herewith.
3. 
This Part 5 shall not be a defense to any civil claims.
[Ord. 2008-02, 1/7/2008]
Before commencing prosecution under this Part 5, the Enforcement Officer (Borough Manager, Building Official or Code Enforcement Officer, or other such authorized person to enforce ordinances and codes on behalf of the Borough), shall give notice to the person charged with violating this Part 5. Such notice shall be in writing, and shall be served upon said person or, at the option of the Enforcement Officer, by posting a copy of this notice on the land or attaching a copy of the notice to the building or structure. In addition, a copy of the notice shall be sent by first-class mail to the owner of the land, building, or structure at the owner's last known address. The notice shall specify that failure to remedy the violation within 10 days of the date of personal service or 12 days from the date of mailing shall result in the issuance of a municipal non-traffic citation.
[Ord. 2008-02, 1/7/2008]
1. 
Any property owner, landlord, tenant or other person who violates any provision of this Part 5 shall be guilty of an offense; and, for every such offense, upon conviction, shall be sentenced to pay a fine of $75 plus costs, for the first violation.
2. 
Any repeat offense shall be subject to increased fines as follows:
A. 
First repeated offense shall be no less than $150 plus costs.
B. 
A fine for any second repeated offense or any subsequent repeated offense shall be no less than $250, nor more than $1,000, plus costs; and in default of payment of fine and costs, to undergo imprisonment for not more than 30 days.
3. 
Each day that the violation continues shall constitute a separate offense.
[Ord. 2008-02, 1/7/2008]
The sections and provisions of this Part 5 are declared to be severable and any portion which is declared inoperative or invalid for any reason by a court of competent jurisdiction shall in no way affect the remaining sections or provisions of this Part 5.
[Ord. 2008-02, 1/7/2008]
This Part 5 shall become effective immediately after adoption by the Borough Council.