[Ord. 756, 6/4/2007]
This Part is adopted in conformance with and pursuant to authority
granted by 53 P.S. §§46202(3), (4), (5), (11) and 46203
of the Borough Code, as amended, and Section 4012 of the Air Pollution
Control Act, 35 P.S. §4012, as amended.
[Ord. 756, 6/4/2007]
The following words used in this Part shall have, unless the
context clearly indicates otherwise, the meanings given to them in
this Section:
BOROUGH
The Borough of Selinsgrove, Snyder County, Pennsylvania.
EXTERNAL FUEL-BURNING DEVICE
A device or appliance constructed to burn oil, wood, coal,
or other fuels manufactured for placement outdoors for the heating
of the living area of and/or the water used in a dwelling or structure.
PERSON
A natural person, firm, partnership, association, corporation,
trust, or any entity with legal responsibilities. Whenever used in
any clause prescribing or imposing a fine or imprisonment, or both,
person shall mean, as applied to associations, the partners or members
thereof and, as applied to corporations, the officers thereof.
[Ord. 756, 6/4/2007]
This Part is enacted to promote the general health, welfare,
and safety of the community by prohibiting external fuel-burning devices
within the Borough.
[Ord. 756, 6/4/2007]
All future outdoor fuel-burning devices or appliances are hereby
prohibited within the Borough. No person shall place or install an
external fuel-burning device or appliance on his, her, its, or their
real property within the Borough.
[Ord. 756, 6/4/2007]
This Part shall not be construed to be retroactive and shall
not require the removal of any external fuel-burning device or appliance
in existence within the Borough at the effective date of this Part.
All external fuel-burning devices or appliances in existence on the
effective date of this Part shall have or must erect a flue or chimney
which has a minimum termination height of 20 feet above the natural
ground level upon which the device or appliance is located. If an
external fuel-burning device or appliance is more than 50% torn down,
physically deteriorated or decayed, any rebuilding or restoration
of the said device or appliance shall be a violation of this Part.
[Ord. 756, 6/4/2007]
Approval by the Borough of any existing external fuel-burning
device or appliance under this Part does not relieve any person from
any duty of also obtaining approval under regulations of any other
authority, notably, the Pennsylvania Department of Environmental Protection
or its successor.
[Ord. 756, 6/4/2007; as amended by Ord. 825, 10/3/2016]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $300 nor more than
$1,000 plus costs and reasonable attorney fees incurred by the Borough
in the enforcement proceeding and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this Part continues or each Section of this Part
which shall be found to have been violated shall constitute a separate
offense.