[Adopted 4-25-2007 by Ord. No. 2007-04]
[Amended 3-25-2009 by Ord. No. 2009-05]
No person, corporation, firm, association or
partnership shall burn, cause to burn or allow to burn any putrescible
animal or putrescible vegetable matter, leaves, furniture, shingles
or construction materials of any kind, tin cans, glass, rubber, plastics,
recyclable items, aerosol cans or any substance determined by the
Commonwealth of Pennsylvania or any agency of the United States government
to be a hazardous substance. Fires shall be only used to burn readily
combustible items not excluded herein.
Any person, corporation, firm, partnership or
association that violates any of the provisions of this article shall,
upon conviction, be sentenced to pay a fine of not less than $250
plus costs of prosecution, and in default of payment, to imprisonment
for a term not to exceed 90 days. Each day that a violation of any
of the provisions of this article continues shall constitute a separate
violation.
[Adopted 4-25-2007 by Ord. No. 2007-02]
As used in this article, the following terms
shall have the meanings indicated:
OUTDOOR FUEL-BURNING APPLIANCE
Any device, including a furnace, stove or boiler designed
and constructed to burn solid fuels, including wood, coal or other
solid fuels manufactured for placement outdoors for the heating of
the structure. An outdoor fuel-burning appliance utilizing a heat
pump or one which uses solar energy, electric, oil, propane, gas or
natural gas as a fuel source will not be included in this definition,
and the same are exempt from the prohibitions provided for in this
article.
Any person, partnership, firm or corporation
which violates any of the provisions of this article shall, upon conviction
thereof, be sentenced to pay a fine of not less than $200, nor more
than $1,000, and in default of payment of said fine, to undergo imprisonment
for a term not to exceed 90 days. Each and every day that a violation
of this article continues shall constitute a separate offense.
This article shall not be construed to be retroactive
and shall not require the removal of any outdoor fuel-burning appliance
in existence within the Township of Athens as of the effective date
of this article. All outdoor fuel-burning appliances in existence
as of the effective date of this article shall have or must erect
a flue or chimney which has a minimum termination height of 15 feet
above the natural ground level upon which the appliance is located.
All such existing systems may be replaced. "Existing" or "in existence"
means that the outdoor fuel-burning appliance is operating, in place,
and on the site.