[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)]
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part or provision of this article are repealed to the extent of such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.