[HISTORY: Adopted by the Board of Supervisors of Edgmont Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-1999 by Ord. No. 159; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
In the event of drought conditions, as determined by the Board of Supervisors, or a drought emergency, as determined by or on behalf of the Commonwealth of Pennsylvania, the Board of Supervisors, by resolution, may institute a temporary partial or total ban on open burning throughout the Township for so long as the drought conditions or drought emergency exists.
B. 
Any temporary ban enacted under this article shall be lifted by resolution by the Board of Supervisors.
If a partial or total ban on outdoor burning is enacted in accordance with § 130-1 of this article, the Board of Supervisors shall cause said enactment to be made public by any or all of the following: electronic notification, Township website, newspaper, radio, television, or other similar media and by posting notice thereof at the Township Building. The Board of Supervisors shall similarly cause the lifting of any such ban to be made public by the same means.
"Open burning" shall be defined as a fire whose smoke is not directed through a flue. The Township Code Enforcement Officer shall be responsible for enforcement of any ban instituted pursuant to this article.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses 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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
All other sections, parts and provisions of the Code of the Township of Edgmont which conflict or are inconsistent with any section, part or provision of this article are repealed to the extent of such conflict or inconsistency.
The provisions of this article are severable, and if any section, sentence, clause, part or provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this article. It is hereby declared to be the intent of the Board of Supervisors that this article would have been adopted as if such illegal, invalid or unconstitutional, section, sentence, clause, part or provision had not been included therein.