HOME RULE BOROUGH OF EDINBORO  

Ordinance No. 568

AN ORDINANCE AMENDING Chapter 13 OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY ADDING Part 6 ENTITLED, “External Fuel Burning Appliances”.

WHEREAS, the Borough of Edinboro is a Home Rule Municipality and therefore their Home Rule Charter specifically authorizes the Home Rule Municipality the power to adopt, amend, and enact ordinances; and

WHEREAS, the Code of the Borough of Edinboro in Chapter 20-109 regulates burning of refuse, proximity of fires to streets, alleys, buildings and business districts, time restrictions, and smoke nuisance; and

WHEREAS, the Borough is aware that certain building heating systems are being installed in surrounding communities that emit smoke at or near ground level causing a nuisance to the general public, which the Borough is authorized to prohibit by ordinance; and

WHEREAS, The Home Rule Borough Council concern that homes and structures in the Borough are close together and the burning of fossil fuels will cause smoke, ash, etc. at ground level affecting the health and general welfare of the residents of said area, which the Borough is authorized to enact regulations protecting the health and general welfare of the residents of the Borough; and  

WHEREAS, The Borough Council intent of these regulations is to protect the public health and safety of the citizens of the Borough of Edinboro and their environment; and 

THEREFORE, The Home Rule Borough of Edinboro hereby ordains and enacts as follows:

Part 6

External Fuel Burning Appliances

§13-601.  Definition.  An External Fuel Burning Appliance for purposes of this Ordinance shall be any appliance or device constructed, designed and/or used to burn oil, wood, coal, charcoal, peat, or any other fuel, which has been manufactured for placement outdoors, but intended and/or used for providing heat to any structure, swimming pool, domestic hot water, or other uses.

§13-602.  Prohibition.  All External Fuel Burning Appliances are hereby prohibited in the Home Rule Borough of Edinboro.

§13-603.  Penalties.  Any person, firm or corporation who shall construct, reconstruct, install, use and/or maintain any External Fuel Burning Appliance in the Home Rule Borough of Edinboro shall be guilty of a summary offense, and shall, upon conviction thereof, be sentenced to pay a fine of not more than Three Hundred ($300.00) Dollars, and in default of payment of such fine, shall be sentenced to a term of imprisonment not to exceed Ninety (90) Days.  Every day that a violation of this Ordinance continues shall constitute a separate offense.

§13-604.  Effective Date.  This Ordinance shall take effect immediately.

ENACTED AND ORDAINED THIS 27^th DAY OF April, 2009 by the Council of the Home Rule Borough of Edinboro.