§ 50-4. Free-standing wood burning furnaces.

(a)

Definition. For purposes of this section, the term "free-standing wood burning furnace" shall mean any device or structure that:

(1)

Is designed, intended, or used to provide heat and/or hot water to any residence or other structure;

(2)

Operates by the burning of wood or other solid fuel; and

(3)

Is not located within a residential structure.

(4)

Excluded from the definition of a free-standing wood burning furnace is any device which is not designed or used to heat a structure other than the structure in which it is located.

(b)

Prohibition. It shall be unlawful to install or operate a free-standing wood burning furnace, and to cause or permit the installation or operation of a free-standing wood burning furnace, within the city.

(c)

Conflicts. This section shall not be construed as an exemption or exception to any other provision of these Codified Ordinances, including the Building Code, Property Maintenance Code, or any other Code or ordinance. In the event of a conflict between the provisions of this section and any other ordinance or other provision of law, the more restrictive provision shall apply.

(d)

Existing uses. This section shall not apply to any free-standing wood burning furnace that was installed, connected, and operating as of the effective date of this section. However, this section prohibits the replacement or expansion of use of any preexisting free-standing wood burning furnace or component thereof. Further, this section shall not be deemed as specific authorization for the use of any preexisting free-standing wood burning furnace and shall not be deemed to bar, limit, or otherwise affect the rights of any person to take private legal action regarding damage or nuisance caused by the use of a free-standing wood burning furnace.

(e)

Violations; declaration of nuisance. Any free-standing wood burning furnace installed or operated in violation of this section is hereby declared to be a nuisance per se.

(f)

Enforcement. The city building official and the public safety director, and their approved representative or designee, are hereby designated as the authorized city officials to enforce the provisions of this article.

(g)

Penalty. Whoever violates any provision of this section shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) and/or imprisonment for not more than 90 days. Each day that a violation exists or continues shall constitute a separate and additional violation.

(Ord. No. 05-352, § 1, 3-21-05)