Chapter 10
Health and Safety

Part 1
Outdoor Solid Fuel Furnaces

§ 10-101.   Purpose

§ 10-102.   Definitions

§ 10-103.   Requirements for Installation, Maintenance and Use of Outdoor Solid Fuel Furnaces

§ 10-104.   Emissions from Outdoor Solid Fuel Furnaces as a Public Nuisance

§ 10-105.   Permits and Permit Fees

§ 10-106.   Effect of Other Regulations

§ 10-107.   Enforcement

§ 10-108.   Violations and Penalties

Part 2
Brush, Grass and Weeds

§ 10-201.   Cutting and Removal of Noxious Vegetation Required

§ 10-202.   Duty of Owner or Occupant of Premises

§ 10-203.   Notice to Owner or Occupant; Noncompliance

Part 3
Alarm Devices

§ 10-301.   Definition

§ 10-302.   Fee for Systems Connected to Fire or Police Department

§ 10-303.   Time of Payment

§ 10-304.   Suspension of Service for Nonpayment

§ 10-305.   Proration of Fee

§ 10-306.   Inspections

Part 4
Disabled, Inoperable Vehicle and/or Unattended Vehicle

§ 10-401.   Purpose

§ 10-402.   Notice to Remove a Disabled, Inoperable Vehicle and/or an Unattended Vehicle

§ 10-403.   Removal of Vehicle in Violation of this Part

§ 10-404.   Cost of Removal and Storage

§ 10-405.   Exceptions

§ 10-406.   Mechanical Repairs Prohibited

§ 10-407.   Permitting Violation Prohibited

§ 10-408.   Penalties

§ 10-409.   Conflict

Part 5
Nuisances

§ 10-501.   Definition

§ 10-502.   Illustrative Enumeration of Nuisances

§ 10-503.   Nuisance Prohibition

§ 10-504.   Notice to Abate

§ 10-505.   Contents of Notice to Abate

§ 10-506.   Service of Notice

§ 10-507.   Abatement by Township

§ 10-508.   Emergency Abatement by Township

§ 10-509.   Township’s Costs Declared Lien

§ 10-510.   Additional Remedies

§ 10-511.   Enabling Authority

§ 10-512.   Fines and Penalties

Part 6
Knox Boxes

§ 10-601.   Required for New Commercial Buildings

§ 10-602.   Required for Existing Commercial Buildings with Improvements

§ 10-603.   Knox Boxes for Existing Commercial Buildings

§ 10-604.   Contents

§ 10-605.   Locked Gates or Driveways

§ 10-606.   Penalties

Part 1 Outdoor Solid Fuel Furnaces

§ 10-101. Purpose .

   1.   The Constitution of the Commonwealth of Pennsylvania, Article 1, § 27, provides, in pertinent part, that “the people shall have a right to clean air”.

   2.   In response to the enactment by Congress of the United States of the Clean Air Act, 42 U.S.C. §§ 7401 et seq., and in recognition of the mandate of the Constitution of the Commonwealth of Pennsylvania, the Legislature of the Commonwealth of Pennsylvania has enacted the Air Pollution Control Act, Act 1992-95, § 14, as amended, 35 P.S. §§ 4011 et seq., which, at § 4012 thereof, provides that a Township may enact an ordinance in respect to air pollution so long as the provisions of such ordinance “will not be less stringent than the provisions of the Air Pollution Control Act”.

   3.   The Board of Commissioners of the Township of Plains has considered with care certain publications, studies, reports and advisories prepared by international, national and state research and regulatory agencies and organizations inquiring into the effects and impact of the types of fuel used in and the scale and durations of the emissions produced by outdoor solid fuel furnaces. Upon that basis, the Board of Commissioners, while recognizing the economical alternatives to conventional heating systems provided by outdoor solid fuel furnaces, has determined that such appliances may create uncontrolled offensive emissions of smoke, fumes and odors into the ambient air, which can be potentially detrimental to the health and safety of the residents of the Township and can deprive neighboring residents of the rightful use and enjoyment of their property. Accordingly, the Board of Commissioners of the Township of Plains, upon the enactment of this Part, does hereby establish and impose various restrictions upon the installation, maintenance, use and operation of outdoor solid fuel furnaces within the Township of Plains so that such appliances do not create a private or public nuisance and, further, for the purpose of securing and promoting the health and comfort, convenience, safety and welfare of the person and property of the residents of the Township.

(Ord. 2009-2, 1/8/2009, § 1)