[HISTORY: Adopted by the Borough Council of the Borough of Clearfield 5-19-2005 by Ord. No. 1271 (Ch. 29 of the 1966 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR FUEL-BURNING APPLIANCE
A device constructed to burn oil, wood, coal or other fuels manufactured for placement outdoors for the heating of the living area of a structure.
All future outdoor fuel-burning appliances are hereby prohibited within the Borough of Clearfield.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300. Every day that a violation of this chapter continues shall constitute a separate offense.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of the chapter. It is hereby declared as the intent of the Borough of Clearfield that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
This chapter shall not be construed to be retroactive and shall not require the removal of any outdoor fuel-burning appliance in existence within the Borough of Clearfield at the effective date of this chapter. All outdoor fuel-burning appliances in existence at the effective date of this chapter shall have or must erect a flue or chimney which has a minimum termination heights of 30 feet above the natural ground level upon which the appliance is located. If an outdoor fuel-burning appliance is more than 50% torn down, physically deteriorated or decayed, any rebuilding or restoration of said outdoor fuel-burning appliance shall be a violation of this chapter.