[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]
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]
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.