[Ord. 2010-1, 6/1/2010]
For the purpose of this Part, the following terms, phrases,
words, or their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number
and the word "shall" is always mandatory and not merely directory:
BOROUGH COUNCIL
The Borough Council of the Borough of Jonestown, Lebanon
County, Pennsylvania.
CHIMNEY
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace, especially that part of a structure
extending above a roof.
CLEAN WOOD
Natural wood that has no paint, stains, or other types of
coatings, including but not limited to, copper chromium arsenate,
creosote, or pentachlorophenol.
MUNICIPALITY
A city, incorporated town, township, Borough, county, municipal
authority, or other public body created under State law having jurisdiction
over the disposal of sewage, industrial wastes, or other wastes.
OCCUPIED BUILDING
Any building or structure located in the Borough and possessed
by an individual or entity with the intention of occupying said structure
now or in the future for any lawful use, including, but not limited
to, habitation or some business purpose.
OUTDOOR WOOD-FIRED BOILER
A fuel-burning device designed: (1) to burn clean wood or
other approved solid fuels; (2) by the manufacturer specifically for
outdoor installation or installation in structures not normally intended
for habitation by humans or domestic animals (e.g., garages); and
(3) to heat building space and/or water via distribution, typically
through pipes, of a fluid heated in the device, typically water or
a water/antifreeze mixture. Outdoor wood-fired boilers are also known
as outdoor wood-fired furnaces, outdoor wood-burning appliances, or
outdoor hydronic heaters, etc.
PERSON
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the Commonwealth or the Federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
[Ord. 2010-1, 6/1/2010]
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this Part or to fail
to comply with any order or other requirement of the municipality;
or to cause a public nuisance; or to hinder, obstruct, prevent, or
interfere with the municipality or its personnel in their performance
of any duty hereunder, including denying the Mayor, or any person(s)
the Borough Council may designate, access to the source or facility.
[Ord. 2010-1, 6/1/2010]
A violation of this Part or of any order by Jonestown Borough
under this Part shall constitute a public nuisance. The municipality
shall have the authority to order any person causing a public nuisance
to abate the public nuisance. In addition, when abating a public nuisance,
the municipality may recover the expenses of abatement following the
process for assessment and collection of a civil penalty contained
in § 506. Whenever the nuisance is maintained or continued
contrary to this Part or any order issued pursuant to this Part, the
nuisance may be abatable in the manner provided by this Part and/or
the Municipalities Planning Code. Any person who causes the public
nuisance shall be liable for the cost of abatement.